Madras High CourtCRL OP(MD)/15989/2020withdrawn dismissed

Udhaya Prakash v. The Inspector Of Police

2021-01-21Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/01/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.15989 of 2020 Udhaya Prakash ... Petitioner/Accused No.4 Vs The State rep.by The Inspector of Police, Madukkur Police Station, Thanjavur District.

Crime No.127 of 2014..

... Respondent/Complainant For Petitioner : Mr.Karunakaran.K.M,Advocate. For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PRAYER :- For Bail in crime no.127 of 2014 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A4 herein was arrested and remanded to judicial custody on 10.10.2020 for the alleged offence under Sections 147,148 and 302 of IPC.

2. The learned counsel for the petitioner would submit that in this case the petitioner was arrested on the strength of Non Bailable Warrant issued on 22.07.2019 and he was arrested on 10.10.2020 and he in jail for more than 103 days. He would further submit that the petitioner is a coolie and working in Kerala and he is the sole bread winner of the family, hence he seeks bail.

3. The learned Government Advocate(Crl.Side) would submit that the crime is of the year 2014 and the respondent police completed investigation and filed final report in the year 2014 itself and the case is pending committal in PRC No. 46 of 2014 There are totally six accused in this case and the petitioner herein is arrayed as A4. Non Bailable Warrant is pending against A2, A5 and A6. All the accused persons are close associates and they are absenting one after another and dragging on the entire proceedings,hence the case cannot be committed. The case is pending for the past six years without any progress, hence he opposed to grant bail to the petitioner.

4. At this juncture the learned counsel appearing for the petitioner seeks permission of this Court to withdraw the petition. https://hcservices.ecourts.gov.in/hcservices/

5. In view of the same, this Criminal Original Petition is dismissed as withdrawn.

sd/- 21/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV 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 MADUKKUR POLICE STATION, THANJAVUR DISTRICT.

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

3. THE OFFICER INCHARGE DISTRICT JAIL, PUDUKOTTAI

ORDER

IN CRL OP(MD) No.15989 of 2020 Date :21/01/2021 SMA/JC/SAR-I(25/01/2021) 2P /4C https://hcservices.ecourts.gov.in/hcservices/