Madras High CourtCRL OP(MD)/13257/2022disposed of

Raja @ Appalaraja v. The Inspector Of Police

2022-07-22Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.07.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.13257 of 2022 Raja @ Appalaraja ... Petitioner/Accused No.2 Vs The State represented by The Inspector of Police, S.S.Colony Police Station, Madurai City.

(Crime No.633 of 2014).

... Respondent/Complainant For Petitioner : Mr.S.Vishnuvardhan, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor.

PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in S.C.No.240 of 2018 before the learned VI Additional Sessions Judge, Madurai, in Crime No.633 of 2014 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A.2 is facing a case for the offences punishable under Sections 120(B) r/w 302, 109 r/w 302, 147, 148 and 341 IPC and Sections 4 & 5 of Explosive Substances Act, in S.C.No.240 of 2018 before the learned VI Additional Sessions Judge, Maduari, in Crime No.633 of 2014, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased Andiappan was the President of VKP Nagar Welfare Association and the third accused was the Vice President of the said association, that there existed some previous enmity between the deceased and the third accused and that on 13.05.2014, the petitioner and the first accused brutally attacked the deceased with deadly weapons at the instigation of the third accused, due to that, the deceased died on the spot. Hence, the complaint.

3. When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that this Court, while dismissing the petition filed by the first accused in Crl.O.P.(MD) No.12297 of 2022 vide order dated 08.07.2022, directed the trial Court to dispose of the case within a period of four weeks from the receipt of a copy of that order.

4. As rightly contended by the learned counsel for the petitioner, this Court, while dismissing the petition filed by the first accused, observed that 30 witnesses have already been examined and only five official witnesses are yet to be examined and issued directions.

5. The learned Additional Public Prosecutor would submit that the case stands posted today.

6. The learned counsel for the petitioner would submit that it would be suffice, if the trial Court is directed to dispose of the case within a time frame fixed by this Court.

7. Considering the above, the trial Court is directed to complete the trial and dispose of the case within the time stipulated by this Court in the order passed in Crl.O.P.(MD)No.12297 of 2022 dated 08.07.2022.

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

Sd/- 22/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.IV) 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.

1. THE VI ADDITIONAL SESSIONS JUDGE, MADURAI.

2. THE INSPECTOR OF POLICE, S.S.COLONY POLICE STATION, MADURAI CITY.

3. THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

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

ORDER

IN CRL OP(MD) No.13257 of 2022 Date :22/07/2022 SP/SVR/SAR IV/25/07/2022/3P/5C