N.Parthasarathy v. The Inspector Of Police District Crime Branch

CRL OP(MD) No.10180 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD) No.10180 of 2021 N.PARTHASARATHI ... PETITIONER/4TH ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, NAGERCOIL.

(CR.NO.20 OF 2018) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.MURUGAN R Advocate For Respondent : M/S.T.SENTHIL KUMAR Govt. Advocate( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO. 20 OF 2018 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- Though this Court has dismissed the anticipatory bail applications filed by the petitioner thrice, the petitioner was not apprehended and therefore, this Court, while dismissing this anticipatory bail application on 23.08.2021, has directed the respondent police to file a report.

2.Learned Additional Public Prosecutor, on instructions, submitted that the petitioner surrendered before the trial Court and the trial Court, without issuing any notice to the Police or the Public Prosecutor, has granted him bail.

3.In view of the aforesaid submission, this Court called for a report from the concerned trial Court and accordingly, a report dated 20.09.2021 has been filed by the learned Judicial Magistrate No.I, Nagercoil that the petitioner is the fourth accused in Crime https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD) No.10180 of 2021 No.20 of 2018 on the file of the District Crime Branch, Nagercoil. The accused nos.1 & 2 have already been arrested and released on bail by this Court in Crl.OP(MD)Nos.15404 & 16114 of 2018, dated 11.09.2018. The investigation has been completed and charge sheet has also been filed and therefore, the trial Court, in view of Section 88 Cr.P.C., dispensed with the notice to the Public Prosecutor and the Police and has decided the bail petition. 4.Though this Court is not satisfied with the manner in which the bail has been granted, considering the fact that the co-accused has been arrested and released, investigation has been completed, charge sheet has also been filed and that this petitioner has already been released on bail by the trial Court, this Court is not inclined to pass any orders disturbing the bail already granted by the trial Court, however, directs the concerned trial Court to expedite the trial and conclude the same as expeditiously as possible.

sd/- 06/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, NAGERCOIL @ KANYAKUMARI DISTRICT.

3.THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, NAGERCOIL.

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

+1. CC to M/S.MURUGAN R Advocate SR.No.6711

ORDER

IN CRL OP(MD) No.10180 of 2021 Date :06/07/2022 RK/SVR/SAR-II/08.07.2022 : 3P/6C https://www.mhc.tn.gov.in/judis 2/2