Muthuraman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.09.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Muthuraman ... Petitioner/A-6 Vs The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

Crime No.162 of 2011 ... Respondent/Complainant For Petitioner : Mr.T.Lenin Kumar Advocate.

For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PPRAYER :- To release the petitioner on bail in the case in S.C.No.136 of 2023 on the file of the Assistant Sessions Court, Sattur, Virudhunagar District, in the case in Crime No.162 of 2011 on the file of the respondent police pending investigation. ORDER : The Court made the following order :- The petitioner, who is arrested and remanded to judicial custody on 20.03.2023 for the offence under Sections 457 and 397 of IPC, in Crime No.162 of 2011, seeks bail. 1/4

2.The case of the prosecution is that on 04.03.2011 at about 02.15 a.m., the petitioner along with other accused committed theft of 67 1/2 sovereigns of gold jewels and Rs.10,000/- cash at knife point from the defacto complainant. The respondent police after completion of investigation filed a charge sheet before the Judicial Magistrate No.II, Sattur in P.R.C.No.03 of 2015. The petitioner was appearing before the committal Court from the year 2015 and when the case is posted by 20.03.2023, the petitioner failed to appear before the Court, hence nonbailable warrant was issued agains the petitioner and the same was executed on 20.03.2023.

3.Heard the learned counsel on either side and perused the material records of the case.

4.Considering the nature of allegations against the petitioner that the petitioner is involving in theft and robbery throughout the State and has got eight previous cases and the present case is also one of similar in nature and the crime is of the year 2011 and when the trial was proceeding in the year 2019, the petitioner suddenly stopped appearing before the Court and absconded and during the said 2/4

period, the petitioner was also involved in other cases and also considering the fact that now the trial is in progress and out of 15 witnesses, 6 witnesses have been examined and the trial can be completed within a reasonable time, I am not inclined to enlarge the petitioner on bail.

5.Since the petitioner is in custody, the prosecution is directed to take steps to complete the trial as expeditiously as possible and the trial Court is also requested to take up the matter for expeditious disposal and complete the trial within a period of two months from the date of receipt of a copy of this order. 6.Accordingly, this Criminal Original Petition stands dismissed. sd/- 11/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR TO THE ASSISTANT SESSIONS JUDGE, SATTUR, VIRUDHUNAGAR DISTRICT 3/4

2 THE INSPECTOR OF POLICE SATTUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR.

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

+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-11223[I] dated 12/09/2024 )

ORDER

IN CRL OP(MD) No.15117 of 2024 Date :11/09/2024 SS/VR/SAR- /10/10/2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4