Ganeshan @ Pillaiyar Ganesan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.09.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Ganeshan @ Pillaiyar Ganesan ... Petitioner / A1 Vs The State represented by The Inspector of Police, S.S.Colony Police Station, Madurai District.
(Crime No.633 of 2014) ... Respondent/ Complainant For Petitioner : Mr.Niranjan S.Kumar, Advocate.
For Respondent : Mr.P.Kottai Chamy , Government Advocate (Crl. Side).
PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :-For Bail in S.C.No.240 of 2018 before the learned VI Additional Sessions Judge (FAC), Madurai, in Crime No.633 of 2014 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/A.1, who is facing a case for the offences punishable under Sections 147, 148, 341 and 302 IPC altered into Sections 120(b), 109, 147, 148, 302, 341, 201 and 212 IPC and Sections 4 and 5 of Explosive Substances Act, 1908, in S.C.No.240 of 2018, on the file of the learned VI Additional District Judge, Madurai, in Crime No.633 of 2014, on the file of the respondent police, seeks bail.
2. It is not in dispute that this Court, while dismissing the petition in Crl.O.P.(MD)No.3014 of 2022 vide order dated 23.03.2022, has directed the trial Court to complete the trial and dispose of the case within a period of three months from the date of receipt of a copy of that order and subsequently, in Crl.O.P.(MD)No.12297 of 1/3
2022, considering the submission made by the learned Additional Public Prosecutor that 30 witnesses have already been examined, directed the trial Court to dispose of the case within a period of four weeks from the date of receipt of a copy of that order.
3. The petitioner, by alleging that the trial Court has not complied with the direction of this Court, has filed the present application seeking bail again. Hence, this Court directed the Registry to call for a report from the concerned Court.
4. In pursuance of the same, the learned VI Additional Sessions Judge (FAC), Madurai has submitted a report dated 20.09.2022 stating that since the A13 was called absent on 24.08.2022, Non-Bailable Warrant (NBW) was ordered to be issued.
5. The learned Government Advocate (Criminal Side) would submit that the A13 was reported dead on 05.09.2022 and the same was already reported to the concerned Court and the case stands posted tomorrow (28.09.2022) for proceedings under Section 313 Cr.P.C.
6. The learned counsel for the petitioner would submit that he is ready to place his arguments even tomorrow, after the completion of the proceedings under Section 313 Cr.P.C.
7. Considering the above facts and circumstances and also the stage of the case, the learned VI Additional Sessions Judge (FAC), Madurai is directed to dispose of the case on or before 12.10.2022 and to submit a report before this Court.
8. With the above direction, this Criminal Original Petition is disposed of.
sd/- 27/09/2022 / TRUE COPY / 28/09/2022 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.
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TO 1 THE VI ADDITIONAL SESSIONS JUDGE (FAC), MADURAI 2 THE INSPECTOR OF POLICE, S.S.COLONY POLICE STATION, MADURAI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE REGISTRAR (JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.NIRANJAN.S.KUMAR, Advocate ( SR-10639[I] dated 28/09/2022 )
ORDER
IN CRL OP(MD) No.16430 of 2022 Date :27/09/2022 CSM MK/VR/SAR.III/28.09.2022/2P/7C 3/3