Madras High CourtCRL OP(MD)/2001/2018disposed of

Raja @ Thalifraja v. The Inspector Of Police

2018-02-14Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.2001 of 2018 1 RAJA @ THALIFRAJA 2 ARUN @ RAJKUMAR 3 CHRISTOPHER 4 SIVA @ SIVAKUMAR ... PETITIONERS/A1 to A4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, MANAPPARAI POLICE STATION, TRICHY DISTRICT.

(CR.NO. 401 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioners : M/S. K.M.KARUNAKARAN, Advocate For Respondent : M/S.M.ASHOKAN, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 12.05.2017, for the alleged offences punishable under Sections 392 and 397 of IPC., in Crime No.401 of 2017, on the file of the respondent police, seek bail.

2. The learned counsel appearing for the petitioner states that the petitioners are in jail from 12.05.2017 onwards. He also submitted that prosecution is delaying the examination of the witness.

3. The learned Government Advocate (crl.side) appearing for the respondent would submit that the petitioners herein are A1 to A4 respectively in S.C.No.75 of 2013, pending on the file of the learned Chief Judicial Magistrate, Trichy. Totally there are 12 witnesses in this case and out of 12 witnesses, six witnesses were examined so far and the remaining witnesses are to be examined. Out of six witnesses, one independent witness and others are official witnesses. The examination of witnesses is pending and if the https://hcservices.ecourts.gov.in/hcservices/

petitioners are released on bail, the trial of the case will be delayed further and the petitioners herein will abscond from the clutches of law.

4. The earlier bail application moved by the petitioners in Crl.O.P(MD)No.10432 of 2017, Crl.O.P.(MD)No.13083 of 2017 and Crl.O.P(MD)No.15163 of 2017 were dismissed by this Court, dated 08.08.2017, 04.10.2017 and 17.11.2017 respectively. This Court has ordered directing the petitioner to face the trial before the concerned Court in its order dated 17.11.2017. The present application is the 4th petition for bail.

5. Considering the above facts and circumstances of the case and also the stage of the trial of the case now, this Court is not inclined to grant bail to the petitioners, at this stage. Hence, this Criminal Original Petition is dismissed.

6. The trial Court is directed to expedite the trial of the case and to dispose of the case, as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of this order.

sd/- 14/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE MANAPPARAI POLICE STATION, TRICHY DISTRICT.

2 THE SUPERINTENDENT,CENTRAL PRISON, TRICHY 3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. K.M. KARUNAKARAN Advocate SR.No.2469

ORDER

IN CRL OP(MD) No.2001 of 2018 Date :14/02/2018 PK/RR-CSL/SAR-3/19.02.2018 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/