Pandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Pandi ... Petitioner/Accused Vs The Inspector of Police, Aravayal Police Station, Sivagangai District.

(Crime No.92 of 2019) ... Respondent/Complainant For Petitioner :

M/s.R.Balamuruganantham, Advocate.

For Respondent :

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the petitioner on bail in S.C.No.172 of 2023 on the file of the Fast Track Mahila Court, Sivagangai, in Crime No.92 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who is an accused in S.C.No.172 of 2023 on the file of the Fast Track Mahila Court, Sinvagangai, has filed this application seeking bail. The said case 1/3

was registered for the offence under Sections 380, 457 and 302 of IPC in Crime No.92 of 2019, on the file of the respondent police. 2.It is a case of murder for gain. The final report in the sessions case was filed in the year 2023. When the case was posted for trial, the petitioner appears to have absconded and therefore, a Non-Bailable Warrant was issued against him and he was arrested only on 26.03.2023.

3.The learned counsel for the petitioner submits that the petitioner is ready to co-operate for the trial and he is in judicial custody for the 9 months. 4.The learned Additional Public Prosecutor submits that trial has commenced, P.W.1 was examined and it was also posted for further examination of P.W.2 to P.W.5. He further submits that the petitioner is having 13 previous cases. 5.Considering the fact that the trial has commenced and also considering the antecedents as against the petitioner, this Court is not inclined to grant bail to the petitioner.

6.Since this Court is denying bail to the petitioner, the Fast Track Mahila Court, Sivagangai, Siagangai District, is directed to conclude the trial and dispose of the case in S.C.No.172 of 2023 as expeditiously as possible, preferably, within a period of four months from the date of receipt of a copy of this order. 2/3

7.Accordingly, this Criminal Original Petition is dismissed. sd/- 10/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDGE, FAST TRACK MAHILA COURT, SIVAGANGAI, SIVAGANGAI DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, ARAVAYAL POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.7470 of 2024 Date :10/06/2024 RS/JGB/SAR-(18.06.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3