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Madras High CourtCRL OP(MD)/3375/2020disposed of

Uthirakshmi v. The Inspector Of Police

2020-02-25Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.[MD].No.3375 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.3375 of 2020 1.Uthiralakshmi 2.Vijay Ramachandran : Petitioners/A2&A$ Vs.

State Rep. by the Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

(Crime No.45 of 2016) : Respondent/Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the learned Trial Judge, Sub-Court, Tiruchendur to split up the case in S.C.No.24 of 2017, on the file of the SubCourt, Tiruchendur as against the petitioners and to conclude the trial within a period of time stipulated by this Court. For Petitioners : Mr.A.K.Manickam For Respondent : Mr.S.Chandarasekar Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed seeking for a direction to the learned Sub Judge, Tiruchendur to split up the case in S.C.No.24 of 2017, on the file of the Sub-Court, Tiruchendur as against the petitioners and to conclude the trial within a period of time stipulated by this Court.

2.The learned counsel appearing for the petitioner would submit that the petitioners are A-2 and A-3. The case pertains to the year 2016. The final report was filed during the year 2017 and the case was taken up in S.C.No.24 of 2017. The first accused in this case, namely, Suyambulingam @ Suyambu, who was earlier confined in Central Prison, Coimbatore. After his release on bail, he had absconded and there is no progress in the trial sofar and thereby, he would seek a direction to split up the case and conclude the trial. 3.The learned Additional Public Prosecutor appearing for the respondent would submit that one Suyambulingam @ Suyambu/A-1 in this case was earlier confined in Central Prison, Coimbatore and he was produced before the trial Court, pursuant to the P.T. Warrant issued by the trial Court. Later, he has been released on bail from the Coimbatore Central Prison and he did not appear before the trial Court from 04.10.2019. The trial Court had issued Non-Bailable https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD].No.3375 of 2020 Warrant and the respondent police taking steps to execute the same. He would further submit that there are totally 24 witnesses in this case and all witnesses have been examined and the case now stands posted for examination of Investigation Officer. He would further submit that the case now stands posted on 03.04.2020. 4.In view of the same, the respondent police is directed to execute the Non-Bailable Warrant pending against A-1 at the earliest. The learned Trial Judge taking into consideration the stage of the case can split up and conclude the trial as expeditiously as possible, preferably, within a period of four months from the date of next hearing date i.e., on 03.04.2020. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) sji To 1.The Sub Judge, Tiruchendur.

2.The Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.K.MANIKKAM, Advocate ( SR-8753[F] dated 27/02/2020 ) Crl.O.P.[MD].No.3375 of 2020 25.02.2020 KB(23/03/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2