Madras High CourtCRL OP(MD)/13494/2021dismissed

Iyyappan v. The Inspector Of Police

2021-09-23Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.13494 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.13494 of 2021

1. Iyyappan

2. Saravanakumar

3. Maheswaran ... Petitioners/Accused Nos.2 to 4 Vs The State rep.by, The Inspector of Police, Vadamadurai Police Station, Dindigul District.

In Crime No.77 of 2003. ... Respondent/Complainant For Petitioner : Mr.V.Karuna, Advocate.

For Respondent : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory bail in Crime No.77 of 2003 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 392 r/w. 397 of IPC, in Crime No.77 of 2003 on the file of the respondent police, seek anticipatory bail.

2. This Court, by order dated 14.09.2021, directed the judicial Magistrate as well as the respondent Police to file a report as to the reasons for delay in committal proceedings. But, the learned Judicial Magistrate has failed to file a report. However, the respondent Police has filed a report stating that there are totally four accused. A1 died and A2 to A4 have evaded the proceedings. Therefore, P.R.C.No.07 of 2005 has not been committed to the Court of Session for the past about 16 years.

3. Considering the conduct of the accused in protracting the trial for the past about 16 years, this Court is not inclined to grant anticipatory bail to the petitioners. However, the Superintendent of Police, Dindigul, is directed to monitor the case https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.13494 of 2021 and form a Special Team to secure the accused, ensure that the committal proceedings are completed within a reasonable time.

4. Accordingly, this Criminal Original Petition stands dismissed.

sd/- 23/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 INSPECTOR OF POLICE VADAMADURAI POLICE STATION, DINDIGUL DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.13494 of 2021 Date :23/09/2021 SSB MK/VR/SAR.III/30.09.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2