Madras High CourtCRL OP(MD)/14459/2024disposed of

M.Palanivel v. The Inspector Of Police

2024-09-02Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR M.Palanivel ... Petitioner Vs.

The State through The Inspector of Police, Tiruverambur AWPS Police Station, Trichy District.

(Crime No.07 of 2021) ... Respondent PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to set aside the order in Crl.M.P.No.1392 of 2023 dated 13.09.2023 on the file of the Court of Sessions Judge, Mahila Court, Tiruchirappalli in Special Sessions Case No.97 of 2021 as illegal and consequently modify the condition in Crl.M.P.1212 of 2023 dated 21.08.2023 with regards to "The petitioner / Accused is ordered to the released on bail on his executing a bond for a sum of Rs.20,000/- with one surety" to enlarge the petitioner on execution of his own bond as per the order passed in Crl.M.P.No.983 of 2021 dated 18.10.2021 within the time stipulated by this Court.

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For Petitioner : Mr.A.Balaji For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition is directed against the order passed in Crl.M.P.No.1392 of 2023 in Spl.S.C.No.97 of 2021 dated 13.09.2023 on the file of the Sessions Judge, Mahila Court, Tiruchirappalli, dismissing the application for modification of the bail condition.

2. It is not in dispute that the petitioner was granted bail directing him to execute a bond for a sum of Rs.20,000/- with two sureties and subsequently at the instance of the petitioner, condition was modified directing him to execute a bond for a sum of Rs.20,000/- with one surety and that the petitioner has filed the present application to modify the said condition further. But the learned Sessions Judge, after taking note of the fact that 10 witnesses have already been examined and even his own family members not having come forward to stand as a surety, has dismissed the application.

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3. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that now the case stands posted on 20.09.2024 for examination of Investigating Officer.

4. Considering the fact that the petitioner is in judicial custody for 31⁄2 years and also the fact that the case is now pending for examination of IO, the trial Court is directed to complete the trial in Spl.S.C.No.97 of 2021 and dispose of the same within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition stands disposed of.

02.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Sessions Judge, Mahila Court, Tiruchirapalli.

2.The Inspector of Police, Tiruverambur AWPS Police Station, Trichy District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 02.09.2024 4/4