Raja @ Appalaraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.07.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Raja @ Appalaraja ... Petitioner/Accused No.13 Vs The State represented by The Inspector of Police, Karimedu Police Station, Madurai City.

(Crime No.996 of 2012) ... Respondent/ Complainant For Petitioner : Mr.S.Vishnuvardhan, 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.238 of 2018 before the learned IV Additional District Court, Madurai, in Crime No.996 of 2012 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A.13 is facing a case for the offences punishable under Sections 147, 148 and 302 IPC altered into Sections 147, 148, 149, 302 r/w 109, 120(b) IPC, in S.C.No.238 of 2018, on the file of the learned IV Additional District and Sessions Judge, Madurai, in Crime No.996 of 2012, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that at the instigation of the petitioner and A.12, the other accused 1 to 11 murdered the deceased Marimuthu with deadly weapons. Hence, the complaint.

3. The learned counsel for the petitioner would submit that there is no specific overt act against the petitioner and that he was not even present at the place of occurrence. 1/3

4. This Court in Crl.O.P.(MD)No.18819 of 2021 dated 13.12.2021 directed the learned IV Additional District and Sessions Judge to merge the cases in S.C.No.19 of 2018 and S.C.No.238 of 2018 for framing of charges and conclude the trial as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of that order.

5. The learned Additional Public Prosecutor would submit that out of 31 witnesses, 21 witnesses have been examined and the case stands posted for examination of L.W.22 and L.W.23.

6. Considering the above facts and circumstances and also the fact that there is no change in circumstances, since the dismissal of the earlier petition, this Court is not inclined to grant bail to the petitioner.

7. However, the learned IV Additional District and Sessions Judge 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.

8. With the above direction, this Criminal Original Petition is disposed of.

sd/- 18/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) 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 IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MADURAI, 2.THE SUPERINTENDENT, CENTRAL PRISON, SALEM 3.THE INSPECTOR OF POLICE, KARIMEDU POLICE STATION, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.12786 of 2022 Date :18/07/2022 RK/VR/SAR-II/21.07.2022/3P/5C 3/3