Murugan @ K.R.Murugan v. The Inspector Of Police

CRL OP(MD). No.4201 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/03/2020 PRESENT The Hon'ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.4201 of 2020 Murugan @ K.R.Murugan ... Petitioner/ Accused No.12 Vs State Rep. by The Inspector of Police, CBCID, Sivagangai District, (In Crime No.1 of 2014) ... Respondent/Complainant For Petitioner : M/s.R.Balamuruganantham, Advocate.

For Respondent : Mr.S.Chandra sekar Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.1 of 2014 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner is facing trail in S.C.No. 47 of 2016 pending on the file of the Fast Track Mahila Court, Sivagangai.

2. The petitioner is arrayed as A12. The trial Court is not able to frame charges even after four years because one after another, the accused persons have been absconding themselves and not co-operating for the progress of the trial. Hence Non Bailable Warrant was issued against A1,7,10 and 12 and they were secured on execution of Non Bailable Warrant. Later bail petition filed by A1,7 and 10 was allowed by the Court. This petitioner who is arrayed as A12 is now before this Court seeking bail on the ground of parity.

3. Perusal of the trial Court order indicates that the accused persons in this case have not co-operated for the progress of trial and hence the trial Court has issued Non Bailable Warrant and secured the absconding persons. No doubt, High Court has granted https://hcservices.ecourts.gov.in/hcservices/

CRL OP(MD). No.4201 of 2020 bail for three of them. Order of the trial Court distinguishes the fact. As far as this petitioner is concerned it had expressed its difficulty in proceeding the case further.

4. The learned Additional Public Prosecutor would submit that the occurrence took place on 18.09.2013. After committing the case, the Sessions Court had taken the case for trial in SC No. 47 of 2016 and till date charge could not be framed due to the non appearance of one or other accused.

5. For the reasons narrated above, this Court is of the view that unless all the accused persons are secured there will not be any progress in this case.

6. The learned counsel for the petitioner submit that the case stands posted on 16.03.2020 for reading of charges.

7. Hence this petition stands dismissed for the present with liberty to move this Court after 16.03.2020.

sd/- 06/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE FAST TRACK MAHILA COURT SIVAGANGAI.

2. THE OFFICER IN CHARGE, DISTRICT PRISON, RAMANATHAPURAM.

3. THE INSPECTOR OF POLICE, CBCID, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.4201 of 2020 Date :06/03/2020 AAV SRS/ JC/ SAR-III/ 12.03.2020/ 2P/5C https://hcservices.ecourts.gov.in/hcservices/