Madras High CourtCRL OP(MD)/19390/2016dismissed

Selvam @ Selvamurugan, v. The Inspector Of Police,

2016-10-06Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.19390 of 2016 SELVAM @ SELVAMURUGAN ... PETITIONER/SINGLE ACCUSED Vs THE STATE THROUGH THE INSPECTOR OF POLICE, THIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT (CRIME NO.173 OF 2012) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.E.R.GURUBALACHANDRAN Advocate For Respondent : M/S.A.P.BALASUBRAMANI, Government Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 27.09.2015 for the offences punishable under Sections 366 (A) altered into 366 & 376 I.P.C., in Crime No.173 of 2012, on the file of the respondent Police, seeks bail.

2.The learned counsel for the petitioner submitted that the petitioner has been in custody from 27.09.2015 and the trial is yet to be completed and hence, he may be released on bail. 3.The learned Government Advocate (Criminal Side) opposes the application by stating that only for want of this petitioner, the case could not be proceeded and Non-Bailable Warrant was issued. Since the petitioner absented himself, Non-Bailable Warrant was issued and he is brought to custody.

4.Considering the stage of the trial and the absence of the petitioner, this Court is of the view that if the petitioner is released on bail, he will abscond and the case will be unnecessarily pending. Therefore, it is not a fit case to enlarge him on bail and hence, this Criminal Original Petition is dismissed. The trial Court is directed to expedite the trial and dispose the case within a period of two months from the date of receipt of a copy of this order, without fail.

sd/- 06/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

https://hcservices.ecourts.gov.in/hcservices/

TO 1.THE SESSIONS JUDGE MAHILA COURT, VIRUDHUNAGAR DISTRICT 2.THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE, THIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT RL/5C/2P/SKS/RR/19.10.2016

ORDER

IN CRL OP(MD) No.19390 of 2016 Date :06/10/2016 https://hcservices.ecourts.gov.in/hcservices/