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Madras High CourtCRL OP(MD)/15851/2023dismissed

Nagaraj v. The Inspector Of Police

2023-09-27Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Nagaraj, ... Petitioner/Sole Accused Vs The Inspector of Police, Srirangam Police Station, Trichy District.

(Crime No.844/2022).

... Respondent/Complainant For Petitioner : M/s.VENKATESAN R, Advocate.

For Respondent : Mr.B.NAMBISELVAN, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the petitioner on bail in SC 171/2022 on the file of the Sessions Judge, Mahila Court, Tiruchirappalli in Crime No.844/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner /sole who was arrested and remanded to judicial custody on 13.07.2022 for the offences under sections 302, 364 of IPC in Crime No.844 of 2022 on the file of the respondent police seeks bail. 2.This is the second bail petition filed by the petitioner. The earlier petitions were dismissed by this Court in Crl.O.P(MD)No.3685 of 2023 on 10.03.2023 with a 1/3

direction to dispose the trial within a period of three months, from the date of receipt of copy of the order. Another petition Crl.O.P.(MD).No.13033 of 2023 filed by the petitioner was also dismissed by this Court. Since the petitioner is in custody for more than one year, Order passed under Act - 14 was quashed against the petitioner. Trial also commenced in this case. Seeking bail this petition is filed for the third time. 3.In this regard, a report was called from the trial Court with regard to the stage of trial. Report was also received stating that Nodal Officer was examined in Chief. But the petitioner did not cross examine him. Without cross examining the witnesses this petition has been filed before this Court seeking bail for the third time, without giving proper reason for non examination. This shows his attitude.

Considering the contradictory statements of the accused, this court is not inclined to grant bail to the petitioner. The petitioner is not entitled for bail. 4.Accordingly, this Criminal Original Petition stands dismissed. The trial Court is directed to complete the trial, within a period of one month from the date of receipt of a copy of this order.

sd/- 27/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TM TO 1 THE SESSIONS JUDGE, MAHILA COURT, TIRUCHIRAPPALLI.

2 THE INSPECTOR OF POLICE, SRIRANGAM POLICE STATION, TRICHY DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

COPY TO:

THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.15851 of 2023 Date :27/09/2023 SA/JGB/SAR. /31.10.2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3