Madras High CourtCRL OP(MD)/648/2022dismissed

Jeyaraj v. The Sub Inspector Of Police

2022-01-12Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Jeyaraj ... Petitioner/Accused No.1 in all Crl.OP's Vs State Rep.by The Sub Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.

(Crime Nos.147/2015, 128/2015 & 112/2014).

... Respondent/Complainant in all Crl.OP's IN ALL CRL.OP'S For Petitioner : M/s.Sathya Chidambaram.S, Advocate.

For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side) PETITIONs FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime Nos.147/2015, 128/2015 and 112/2014 on the file of the Respondent Police.

COMMON ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 04.12.2021 pursuant to the Non Bailable Warrant issued against him in pending cases in C.C.Nos.195 of 2015, 284 of 2015 and 261 of 2016 on the file of the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District.

2.Cases have been registered against the petitioner for the alleged offence under Sections 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime Nos.147/2015, 128 of 2015 and 112 of 2014, on the file of the respondent police. Due to which the petitioner facing trial in all three cases before the trail Court. During the trial, since the petitioner has not appeared before the trail Court properly, the 1/3

trial Court issued Non Bailable Warrants against him on 07.08.2017, 30.10.2017 & 30.10.2016 respectively. Even after a lapse of four years the respondent police could not secure the petitioner. Only on 04.12.2021, they arrested him.

3.On the side of the respondent it is stated that because of the absence of the petitioner the trial process could not be completed. After obtaining the bail, the petitioner went to Kerala and did not appear before the Court regularly. The petitioner is having 9 more previous cases, which are also similar in nature. The learned Government Advocate (Crl. Side) submitted that if the petitioner is released on bail, against there is possibility of absconding of the petitioner and delaying the trial process. 4.Considering the seriousness of the offence and considering the bad antecedents of the petitioner, this Court is not inclined to release the petitioner on bail. However, there shall be a direction to the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District, to expedite the trial process in C.C.Nos.195 of 2015, 284 of 2015 and 261 of 2016 pending on his file against the petitioner and dispose of the same within a period of two months from the date of receipt of a copy of this order or from the date of resumption of normal work.

5.With the above directions, these criminal original petitions are dismissed.

sd/- 12/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO 1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUB INSPECTOR OF POLICE CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO 1 THE REGISTRAR (JUDICIAL) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.648, 644 & 689 of 2022 Date :12/01/2022 RS/VR/SAR.1(01.02.2022) 3P-7C 3/3