Madras High CourtCRL OP(MD)/7471/2022disposed of

Kannan @ Psycho Kannan v. The Sub Inspector Of Police

2022-04-22Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.7471 of 2022 Kannan @ Psycho Kannan ... Petitioner/Accused-1 Vs State Through The Sub-Inspector of Police, Theppakulam Police Station, Madurai.

(In Crime No.954 of 2018) ... Respondent/Complainant For Petitioner : Mr.C.Karthikeya, Advocate.

For Respondent : Mr.M.Muthumanikkam Government Advocate (Crl. side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the petitioner on bail in S.C.No.82 of 2019 on the file of the learned VI Additional District and Sessions Judge, Madurai.

ORDER : The Court made the following order :- The petitioner/A1 is facing a case for the offences punishable under Sections 147, 148, 341, 302, 506(ii) and 294(b) IPC in S.C.No.82 of 2019 on the file of the learned VI Additional District and Sessions Judge, Madurai in Crime No.954 of 2018, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to personal grudge and antagonism, on 18.11.2018 at about 08.45 p.m., the petitioner along with other accused assaulted the deceased with deadly weapons and thereby, the deceased died. Hence, the complaint.

3.It is not in dispute that since the petitioner has not turned up for the hearing on 29.10.2021, Non-Bailable Warrant (NBW) was ordered to be issued and that warrant was executed on 21.02.2022 and he is still in custody.

4.The learned Government Advocate (Crl. side) would submit that ten witnesses were already examined by the trial Court. 5.As rightly pointed out by the learned Government Advocate (Crl. side), the trial Court has observed that after issuance of Non-Bailable Warrant and after long chase, A1 was secured only on 21.02.2022 and at that time, NBW was pending as against A2 and A3. He would further submit that subsequently the warrant as against A2 and A3 was recalled and now it is posted for examination of further witnesses.

6.Considering the above facts and circumstances of case and also the fact that the case stands posted for examination of further witnesses, this Court is not inclined to grant bail to the petitioner at this point of time.

7.However, the learned VI Additional District and Sessions Judge, Madurai, is directed to complete the trial and dispose of the case as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. 8.With the above direction, this Criminal Original Petition is disposed of.

Sd/- 22/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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.

1. THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, MADURAI.

2. THE SUB INSPECTOR OF POLICE, THEPPAKULAM POLICE STATION, MADURAI.

3. THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.

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

ORDER

IN CRL OP(MD) No.7471 of 2022 Date :22/04/2022 SP/SVR/SAR II/28/04/2022/3P/5C