Madras High CourtCRL OP(MD)/3309/2017dismissed with direction

Pushparaj, v. The Sub Inspector Of Police,

2017-04-05Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.3309 of 2017 PUSHPARAJ ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, THIRUVENKADAM POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.66 OF 2010) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.PON KARTHIKEYAN, Advocate For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) For Intervenor : M/S.V.KATHIRVELU, Senior Counsel PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/accused, was arrested and remanded to judicial custody on 10.03.2017 for the offences punishable under Sections 147, 148, 294(b), 109, 342 and 302 of I.P.C., in Crime No.66 of 2010 on the file of the respondent police, seeks bail.

2. This petition for bail by one of the accused who was absconding for more than six years and thereafter been secured on execution of Non-Bailable Warrant.

3. The facts of the case has a checkered history, wherein for an offence committed in the year 2011, nearly 15 persons were arrayed as accused initially and after investigation, 10 of them were deleted and final report was filed against five accused. Aggrieved by that, the victim has filed a protest petition and the private complaint has been taken on file, wherein the present petitioner was arrayed as A4. Since he was absconding, the case against the other accused was split up and committed in P.R.C.No.33 of 2011.

4. This Court called for the report from the Magistrate to know the current status of the case for considering the bail application, the learned Magistrate had submitted in his report that three accused were absconding and were secured on execution of NonBailable Warrant and the process of committing the case to the Court of Session is under way. Hence, this Court is not inclined to grant bail.

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5. The learned counsel for the petitioner submits that the case against this petitioner has also been committed which is subject to verification. Therefore, this Court is of the opinion that the committal Court as well as the Court of Session shall expedite the process as early as possible and dispose of the case within a period of three months.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 05/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SUB INSPECTOR OF POLICE, THIRUVENKADAM POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.R.PON KARTHIKEYAN Advocate SR.No.19600 +1. CC to M/S.K.PRABHU, Advocate SR.No.19707

ORDER

IN CRL OP(MD) No.3309 of 2017 Date :05/04/2017 MS/PM.PN/SAR.3/12.04.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/