Poorna Ananth v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/08/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Poorna Ananth ... Petitioner/Accused No.1 Vs The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.

Crime No. 134/2022.

... Respondent/Complainant For Petitioner : M/s. Jeyamohan.K, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To grant bail for the Petitioner/Accused No.1 in S.C.No. 488 of 2023 on the file of the Learned IV Additional District and Sessions Judge, Tirunelveli, Tirunelveli Distict.

ORDER : The Court made the following order :- The respondent police registered a case as against the petitioner in Crime 1/5

No.134 of 2022 for the offence under Sections 147, 148, 341, 294(b), 302 and 506(ii) IPC, and remanded him into judicial custody on 30.09.2023. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that on 27.08.2022, the accused persons unlawfully assembled with deadly weapons and restrained the deceased Muthupandian @ Rasu, assaulted him with aruval and caused death. 3.When the earlier application was came up for hearing, considering the objections raised by the learned Additional Public Prosecutor that apart from this case, thirty six previous cases are pending as against the petitioner, out of which, six cases were registered for the offence under Section 307 IPC, three cases were registered for the offence under Section 302 IPC and the remaining cases were registered for the offence committed under NDPS Act and TNP Act, this Court has dismissed the same.

4. The learned counsel appearing for the petitioner submits that now the petitioner is having a good case before the trial Court. Since bail has been denied for the petitioner, he is languishing in jail for the past two and a half years. Therefore, 2/5

he requested to issue a direction to the trial Court to conclude the trial in S.C.No.488 of 2023 within a reasonable time.

5.Considering that the occurrence was taken place in the year 2022 and the final report was filed in the year 2023, this Court feels that in these type of cases, the trial Court has to conclude the trial as expeditiously as possible by giving some preference. Delay in conducting the trial would demoralize the witnesses. At the same time, pendency of the case would also affect the accused. In this case, considering the antecedent of the petitioner, bail was denied to the petitioner and he is in jail. Therefore, priority has to be given in the case in S.C.No.488 of 2023. 6.The learned Government Advocate (Crl.Side) submits that the case is posted on 14.08.2024 for framing of charges.

7.This Court is not aware of the number of cases pending before the trial Court. Since this Court has denied bail to the petitioner, the trial Court shall give priority to the case in S.C.No.488 of 2023 and ensure that the trial is concluded as expeditiously as possible preferably within a period of six months, from the date of receipt of a copy of this order.

3/5

8.In view of the directions issued by this Court, in the event if any of the accused is absconding, the Superintendent of Police, Tirunelveli District, shall form a special team, ensure that all those accused have been secured and the trial is in progress as directed by this Court.

9.With the above direction, this criminal original petition is dismissed. sd/- 14/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE IVTH ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUNELVELI.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3 THE INSPECTOR OF POLICE CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT.

4/5

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

COPY TO:

THE SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT.

+1 CC to M/s.K.JEYAMOHAN, Advocate ( SR-10029[I] dated 16/08/2024 )

ORDER

IN CRL OP(MD) No.13387 of 2024 Date :14/08/2024 SS/JGB/SAR- /27/08/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5