Arivalagan @ Kida v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19968 of 2021 Arivalagan @ Kida ... Petitioner/6th Accused Vs State rep.by The Inspector of Police, Sellur Police Station, Madurai District Cr.No.1682 of 2018.

... Respondent/Complainant For Petitioner : M/s.Poornachandran.S, Advocate. For Respondent : M/s.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.1682 of 2018 on the file of the Respondent police.

ORDER : The Court made the following order :- This case was registered against the petitioner under Sections 147, 148, 341, 302 and 506(ii) of IPC, the petitioner herein is the 6th accused. The case was taken cognizance in S.C.No.306 of 2019.

2. According to the petitioner due to his ill health he was unable appear before the trial Court on 10.01.2021 and Non Bailable Warrant was ordered against him. Pursuant to the Non Bailable Warrant issued he was arrested and remanded to judicial custody on 18.11.2021.

3. The learned Additional Public Prosecutor opposed this petition on the ground that the case was registered in the year

2018, there is no progress in the case because of the abscondance of this accused. He further submitted that if the accused is released on bail there is possibility of abscondance and threat to the witness and the accused will be protracting the trial proceedings.

4. It is seen from the records that the petitioner has not cooperated for conducting trial and the accused did not appear before the trial Court on 10.01.2021 and therefore Non Bailable Warrant was issued and pursuant to the Non Bailable Warrant he was arrested and remanded to judicial custody on 18.01.2021.

5. Taking note of all the factors into account and also the fact that the case was registered in the year 2018 and taken cognizance in the year 2019, this Court is not inclined to grant bail to the petitioner.

6. In the result, the petition stands dismissed. However, the trial Court is directed to complete the trial proceedings as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order by posting the case on day to day basis and send a report to this Court after disposing the case.

Sd/- 15/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.III Madurai Bench of Madras High Court, Madurai - 625 023.

TTA 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.

TO

1. THE INSPECTOR OF POLICE, SELLUR POLICE STATION, MADURAI DISTRICT.

2. THE VI ADDITIONAL SESSIONS JUDGE, MADURAI.

3. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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.19968 of 2021 Date :15/12/2021 SP/VR/SAR III/06/01/2022/3P/6C