M.Dinesh @ Eli Dinesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY M.Dinesh @ Eli Dinesh, ... Petitioner/Accused No.9 Vs The Inspector of Police, Keerathurai Police Station, Madurai City, Madurai.

Crime No.1166/2020..

... Respondent/Complainant For Petitioner : M/s. Surya.P, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime no.1166 of 2020 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner /Accused, who was arrested and remanded to judicial custody on 1/4

10.01.2023 for the offences punishable under Sections 302, 307, 147, 148, 294(B), 326, 379 and 109 IPC, in Crime No.1166 of 2020 on the file of the respondent police, seeks bail.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

3. The petitioner prays for bail on the ground that he is in judicial custody from 10/1/2023, the investigation in this case is over and the case is pending in S.C.No.264 of 2023 and now, it is posted for framing of charges. The learned counsel for the petitioner would submit that merely because the petitioner absconded for about three years, the same cannot be put against the petitioner eternally, especially when the trial has not concluded, the petitioner should be released on bail. The same is opposed by the learned Additional Public Prosecutor on the ground that this case involves two groups of persons committing retributory murders of the other groups. The allegation against the petitioner is that initially he was a part of the rival camp and he switched and came to the present camp and he was informing the whereabouts of the deceased and other persons so as to carry out the attack.

4. As a matter of fact, when on a query by this court, the learned counsel for the petitioner also submits that, initially, only to avoid the threat of being attacked by the 2/4

rival group, the petitioner himself absconded and was in the hiding. Therefore, in such a view of the matter, when there is a life threat to the petitioner himself, considering the number of murders taking place connected to the same enmity between the two groups and considering the life threat to the petitioner himself, I am not inclined to enlarge the petitioner on bail. Since the petitioner is in jail for more then 1 1⁄2 years , the learned IV Additional District Judge shall also take up the case for expeditious disposal.

5. With the above observations the petition is dismissed. sd/- 29/08/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE INSPECTOR OF POLICE KEERATHURAI POLICE STATION, MADURAI CITY, MADURAI.

2 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.14277 of 2024 Date :29/08/2024 PSP/ GS /SAR /18.09.2024/ 4P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4