Madras High CourtCRL OP(MD)/5019/2022disposed of

Ravi v. The Inspector Of Police

2022-03-17Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Ravi

...Petitioner/Accused No.1

(in all OP's) Vs The State represented by The Inspector of Police, Patteeswaram Police Station, Thanjavur District.

(Crime No.96 of 2008).

... Respondent/Complainant (in Crl.OP(MD)No.5019 of 2022) The State represented by The Inspector of Police, Natchiyarkoil Police Station, Thanjavur District.

Crime No.280 of 2010 ... Respondent/Complainant in Crl.OP(MD)No.5020/2022 Crime No.296 of 2010 ... Respondent/Complainant in Crl.OP(MD)No.5021/2022 Crime No.09 of 2011 ... Respondent/Complainant in Crl.OP(MD)No.5022/2022 (IN ALL PETITIONS) For Petitioner : Mr.K.M.Karunakaran, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

PETITIONS FOR BAIL Under Section 439 of Cr.P.C. COMMON PRAYER :- For Bail in connection with the cases in C.C.Nos.640 of 2011, 421 of 2020 and 127 of 2020 and PRC.No.20 of 2020 before the learned Judicial Magistrate No.2, Kumbakonam, in Crime Nos.96 of 2008, 280 of 2010, 296 of 2010 and 9 of 2011 on the file of the Respondent Police, respectively.

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COMMON ORDER : The Court made the following order :- The petitioner/A.1, in Crl.O.P.(MD)No.5019 of 2022, is facing a case for the offences punishable under Sections 457 and 380 IPC, on the file of the learned Judicial Magistrate No.2, Kumbakonam, in Crime No.96 of 2008, on the file of the respondent police, seeks bail.

2.The petitioner/A.1, in Crl.O.P.(MD)No.5020 of 2022, is facing a case for the offences punishable under Sections 457 and 511 IPC, on the file of the learned Judicial Magistrate No.2, Kumbakonam, in Crime No.280 of 2010, on the file of the respondent police, seeks bail.

3.The petitioner/A.1, in Crl.O.P.(MD)No.5021 of 2022, is facing a case for the offence punishable under Section 392 IPC, on the file of the learned Judicial Magistrate No.2, Kumbakonam, in Crime No.296 of 2010, on the file of the respondent police, seeks bail. 4.The petitioner/A.1, in Crl.O.P.(MD)No.5022 of 2022, is facing a case for the offence punishable under Section 394 IPC, on the file of the learned Judicial Magistrate No.2, Kumbakonam, in Crime No.9 of 2011, on the file of the respondent police, seeks bail. 5.It is seen from the records that since the petitioner has failed to appear for the hearing on 27.07.2016 in one case and on 13.09.2016 in three cases, Non-Bailable Warrant (NBW) was ordered to be issued and the same was executed on 01.12.2021 and he was remanded to judicial custody and that the petitioner is in judicial custody till now.

6.The learned counsel for the petitioner would submit that the petitioner is in judicial custody from 01.12.2021 for the past 3 months.

7.The learned Additional Public Prosecutor would submit that the cases are pending from 2011, that after issuance of warrant in the year 2016, Non-Bailable Warrant (NBW) was pending for five years and that if the petitioner is now released on bail, he will definitely abscond and there will be no progress in all four pending cases.

8.Considering the above facts and also the facts that the cases are pending from 2011 onwards and that Non-Bailable Warrant (NBW) were pending for five years, this Court is not inclined to grant bail at this point of time. However, the learned Judicial Magistrate is directed to complete the trial and dispose of the cases as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. 9.With the above direction, this Criminal Original Petitions are disposed of.

sd/- 17/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.II KUMBAKONAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE SUPERINTENDENT CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE, PATTEESWARAM POLICE STATION, THANJAVUR DISTRICT.

5 THE INSPECTOR OF POLICE, NATCHIYARKOIL POLICE STATION, THANJAVUR DISTRICT.

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

COPY TO:

THE REGISTRAR (JUDICIAL) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD). Nos.5019, 5020, 5021 & 5022 of 2022 Date :17/03/2022 SA/VR/SAR.3/23.03.2022/3P/8C 3/3