Karthick v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13695 of 2015 KARTHICK ... PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE KOTTAMPATTY POLICE STATION, MADURAI DISTRICT.

CRIME NO.35 OF 2008 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.MUTHUSAMY Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as the sole accused in Crime No.35 of 2008 on the file of the respondent police, was arrested and remanded to judicial custody on 04.07.2015 in pursuance of non bailable warrant issued in P.R.C.No.20 of 2010 by the learned Judicial Magistrate, Melur for the alleged offences punishable under Sections 376 and 306 of I.P.C., and hence, seeks bail. 2.The learned counsel for the petitioner submitted that the petitioner was regularly appearing before the Judicial Magistrate Court and since 2010 due to his illness, he did not appear before the Court on 11.02.2015 and his counsel did not file an application to dispense with his personal appearance.

He further submitted that the petitioner undertakes to appear before the committal Court as well as the trial Court for all future hearing dates, without fail. 3.The learned Government Advocate (Crl.side) would submit that two times non bailable warrant was issued against this petitioner and the accused has successfully dragged on the proceedings. 4.However, considering the undertakes given by the learned https://hcservices.ecourts.gov.in/hcservices/ counsel for the petitioner, this Court is inclined to grant bail to the petitioner.

released on bail on executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Melur, Madurai District and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m., for a period of four weeks and on further condition that the petitioner shall appear before the committal Court as well as the trial Court for all hearing dates, without fail.

5.Considering the facts that the case was registered in the year 2008 and the case was taken on file in the year 2010, the learned Judicial Magistrate, Melur shall complete committal the proceedings within a period of one week from the date of receipt of a copy of this order and the trial Court shall also dispose of the case as expeditiously as possible preferably within a period of six months from the date on which the case is committed to the Sessions Court. sd/- 03/08/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI.

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

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

5 THE INSPECTOR OF POLICE KOTTAMPATTY POLICE STATION, MADURAI DISTRICT. +1. CC to M/S.P.MUTHUSAMY Advocate SR.No.43266 akm/03.08.2015 /2p-7c/

ORDER

IN CRL OP(MD) No.13695 of 2015 Date :03/08/2015 https://hcservices.ecourts.gov.in/hcservices/