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Madras High CourtCRL OP(MD)/12124/2023disposed of

M.Gomathi v. The Inspector Of Police

2023-07-18Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). Nos.12124, 12125 and 12126 of 2023 M.Gomathi ... Petitioner/ Accused Rank not known in all petitions Vs State Rep.by The Inspector of Police, Kumbakonam West Police Station, Thanjavur District.

Crime No.114 of 2022 and Crime No.997 of 2022. ... Respondent/Complainant in all petitions For Petitioner : M/s.P.Banuprasath, Advocate in all petitions For Respondent : Mr.B.Nambiselvam, Additional Public Prosecutor in all petitions PETITION FOR BAIL Under Sec.439 of Cr.P.C.

COMMON PRAYER :- For Bail in Crime Nos.1197 of 2021, 114 of 2022 and 997 of 2022 on the file of the Respondent Police.

COMMON ORDER : The Court made the following order :- 1/4

The petitioner/Accused herein, who was arrested on 18.12.2022 for the alleged offence under Section 379 of IPC, in Crime Nos.1197 of 2021, 114 of 2022 and Crime No.997 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner has committed theft from several persons. Hence the above complaints came to be registered.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. The petitioner is also ready to file an undertaking that she will not commit any similar offence in future. The petitioner is in custody from 18.12.2022. Hence, prays for bail.

4. The learned Additional Public Prosecutor would submit that the petitioner is having 12 previous cases and prays for dismissal of this petition.

5. On a medical ground, this petition has been filed. The learned Additional Public Prosecutor made objections with regard to the residence of the petitioner that she belongs to the State of Andhra Pradesh and if she is released on bail, she may abscond. Already the petitioner had approached this Court and in an order made in Crl.O.P.(MD)No.3876 of 2023 dated 09.03.2023, this Court had directed the trial Court to complete the process of trial within a period of six months. It is reported that the trial is not yet completed.

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6. The learned Additional Public Prosecutor submitted that trial could not be commenced, because out of 7 witnesses, 2 witnesses were examined and the remaining witnesses will be examined within a short time.

7. A direction is issued to the learned Judicial Magistrate No.1, Kumbakonam, to complete the trial within a period of 20 days from the date of receipt of a copy of this order.

8. List the matter on 08.08.2023, to report this Court about the developments. sd/- 18/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO THE JUDICIAL MAGISTRATE NO.I KUMBAKONAM.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.

THE INSPECTOR OF POLICE KUMBAKONAM WEST POLICE STATION, THANJAVUR DISTRICT.

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THE SUPERINTENDENT CENTRAL SPECIAL PRISON FOR WOMEN, TRICHY THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO 1 THE REGISTRAR (JUDICIAL) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.12124 of 2023 Date :18/07/2023 PKP/DD/SAR- /28.07.2023/ 4P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4