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Madras High CourtCRL OP(MD)/748/2015closed

P.Jeyachandran v. The Commissioner Of Police

2015-04-21Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21/4/2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.748 of 2015 P.Jeyachandran ... Petitioner Vs

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police Thiruparankundram Police Station,Madurai.

...

Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the second respondent to expedite the investigation of the case in Crime No.236 of 2013 on the file of the Inspector of Police, Thiruparankundam Police Station, Madurai and further to direct to file the final report within the time frame stipulated by this Court.

For Petitioner : Mr.J.Lawrance For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.side)

O R D E R

This Criminal Original Petition is filed to direct the second respondent to expedite the investigation of the case in Crime No.236 of 2013 on the file of the Inspector of Police, Thiruparankundam Police Station, Madurai and further to direct the final report within the time frame stipulated by this Court.

2. Today, a status report has been filed by the second respondent, wherein it has been stated as follows:- "4. It is respectfully submitted that services of Finger Print Experts were requisitioned and they have lifted three finger prints etched on the wooden cupboard and the same was sent for matching with the known culprits available in the City Crime Record Bureau. The Investigation Officer visited the scene of crime, drew Rough Sketch and Observation Mahazar duly authenticated by two independent witnesses whose statements were obtained under Section 161(3) Cr.P.C 5 witnesses were examined and their statements recorded under Section 161 (3) of the code of Criminal Procedure, 1973.

Special teams were constituted and they as well as the Investigation Officer visited various places in the suburbs and satellites towns located on the fringe of the Madurai City Municipal Agglomeration and vulnerable areas infested with criminals from 12.11.2013 to 12.11.2014 and they returned back after setting up informants and placing clues. The list of criminals involved in the identical modus operandi was secured from the City Crime Records Bureau and thorough verification was made. https://hcservices.ecourts.gov.

5. It is respectfully submitted that in the meanwhile, one Ramesh @ Singa Thevan, S/o.Palaniandi residing at Nethaji Nagar, Tirunagar was arrested by Tirunagar Police in Crime No.612/2013, 613/2013, 621/2013, 625/2013 under section 457, 380 IPC while tendering confession on his own volition confessed to have committed the theft in Crime No.236/2013 under Section 457, 380 IPC on the file of Thirupparankundram Police Station and hence on getting warrant from the Learned Judicial Magistrate No.6, the accused was formally arrested at Central Prison, Madurai on 18.02.2014 at 13.30 hours. Later, requisition was submitted for taking the accused under police custody for custodial interrogation. In the meanwhile the accused was enlarged on bail and absconding.

6. It is respectfully submitted that in the meanwhile the above case was closed under RCS No.1027/2014 dated 02.12.2014 as a long pending case by Lok Adolot and hence a requisition was submitted before the Learned Jurisdictional Magistrate to re-open the case and order further investigation and the same is pending before the Learned Judicial Magistrate No.VI, Madurai.

7. It is respectfully submitted that on getting orders from the Learned Court, further investigation will be conducted, Non-Bailable Warrant obtained to secure the accused. "

3. In view of the above said factual position, a direction is issued to the second respondent to conclude the investigation, after completing all the formalities and taking appropriate steps and file a final report within a period of eight months from the date of receipt of the copy of this order.

4. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar(C.S.) To

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Thiruparankundram Police Station Madurai.

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

+1cc to Mr.J.LAWRANCE, Advocate, in SR. No. 20482. TS/07.05.2015/2P-5C Crl.O.P.(MD)No.748 of 2015 21/4/2015 https://hcservices.ecourts.gov.in/hcservices/