Madras High CourtCRL OP(MD)/11589/2023dismissed

Arumugam v. The Inspector Of Police

2023-06-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.11589 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.11589 of 2023 Arumugam ... Petitioner/Accused No.1 Vs The State Rep.by The Inspector of Police, Batlagundu Police Station, Dindigul District.

(Crime No.257 of 2008).

... Respondent/Complainant For Petitioner : M/s.Pitchai Muthu M, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the petitioner on bail in connection with the case in S.C.No.97 of 2018 on the file of the Sessions Judge, Fast Track Mahila Court, Dindigul.

ORDER : The Court made the following order :- The petitioner/sole accused herein was arrested and remanded to judicial custody on 07.06..2023 for the alleged offence under Sections 366 and 376(1) of IPC in Crime No.257 of 2008 on the file of the respondent police seeks bail.

2. Earlier the petitioner was arrested and released on bail. Thereafter the petitioner did not appear before the trial Court , hence Non Bailable Warrant was issued on 22.08.2022. The petitioner was arrested on execution of Non Bailable Warrant on 07.06.2023.

3. It is seen that the petitioner had committed rape on the minor victim girl. The case is of the year 2008 and only because of the non appearance of the petitioner the trial got delayed and taken cognizance in the year 2018. Thereafter the petitioner did not appear before the trial court on 22.08.2022 as such Non Bailable Warrant was issued against him and the petitioner was arrested and remanded to judicial custody on 07.06.2023. If the petitioner is released on bail he will abscond again and the entire trial will be stalled, therefore this Court is not inclined to grant bail to the petitioner.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11589 of 2023

4. Hence the petition stands dismissed. However the trial Court is directed to complete the trial proceedings within a period of three months from the date of receipt of a copy of this order. sd/- 27/06/2023 / TRUE COPY / / 07 /2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO

1. The Sessions Judge, Fast Track Mahila Court, Dindigul.

2. The Inspector of Police, Batlagundu Police Station, Dindigul District.

3. The Officer In-Charge, District Prison, Dindigul.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.11589 of 2023 Date :27/06/2023 RD (04/07/2023) 2P 6C https://www.mhc.tn.gov.in/judis 2/2