Prabhu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.07.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.12330 of 2022 Prabhu ... Petitioner/12th Accused Vs The State represented by The Inspector of Police, Pudukottai Town Police Station, Pudukottai District.

(Crime No.135 of 2014) ... Respondent/Complainant For Petitioner : Mr.T.Lenin Kumar, Advocate. For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor.

PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in S.C.No.80 of 2017 before the learned Additional District and Sessions Court, Pudukottai, in Crime No.135 of 2014 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A.12 is facing a case for the offences punishable under Sections 120(b), 147, 148, 302, 294(b), 324, 506(2) and 212 IPC, in S.C.No.80 of 2017 on the file of the learned Additional District and Sessions Court, Pudukottai, in Crime No.135 of 2014, on the file of the respondent police, seeks bail.

2. In pursuance of the direction of this Court, the learned Additional District Judge, Pudukottai, has submitted a report dated 25.07.2022, wherein, it has been stated that Crl.M.P.No.189 of 2022 filed by the prosecution to examine L.W.1 through VC was ordered to be closed with liberty to file affidavit in accordance with concerned rule and also summons was issued to L.W.5 and L.W.11 and the case was adjourned to 25.07.2022.

3. The learned Additional Public Prosecutor would submit that L.W.1 himself has sent a letter to the Inspector of Police that he will attend the Court on 24.08.2022 and he is returning from Singapore on that day.

4. No doubt, this Court while dismissing the earlier petition dated 10.02.2022 directed the trial Court to complete the trial and dispose of the case within a period of one month from the date of receipt of a copy of that order.

5. Now, the learned Additional Public Prosecutor would submit that the prosecution will examine all the remaining witnesses within a period of one month and co-operate with the trial Court for disposing of the case within a period of one month. He would further submit that the petitioner was involved in another murder case subsequent to the present case occurrence.

6. Considering the above facts and circumstances, this Court is not inclined to grant bail to the petitioner at this point of time. However, the trial Court is directed to complete the trial and dispose of the case within a period of one month from the date of receipt of a copy of this order. If the case is not disposed within the time stipulated by this Court, the petitioner is at liberty to approach this Court for bail.

7. With the above directions, this Criminal Original Petition is disposed of.

Sd/- 28/07/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM 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.

TO

1. THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, PUDUKOTTAI.

2. THE INSPECTOR OF POLICE, PUDUKOTTAI TOWN POLICE STATION, PUDUKOTTAI DISTRICT.

3. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

ORDER

IN CRL OP(MD) No.12330 of 2022 Date :28/07/2022 SP/JM/SAR III/04/08/2022/3P/5C