Stalin @ Stalin Muthu v. State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Stalin @ Stalin Muthu ... Petitioner/A-8 Vs The Inspector of Police, Thanjavur Town Police Station, Thanjavur District.

Crime No.33/2015.

... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.33/2015 on the file of the respondent police in connection with SC.No.226 of 2018 on the file of the learned Additional District Judge/Presiding Officer Special Court under Essential Commodities Act, Thanjavur. 1/4

ORDER : The Court made the following order :- The petitioner/Accused, who is arrested and remanded to judicial custody on 20.07.2024 for the offence punishable under Section 147, 148, 149, 201, 120(b), 302 and 109 of IPC, in Crime No.33 of 2015 on the file of the respondent police, seeks bail.

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

3.Considering the fact that the case is of the year 2015 and considering the fact that the case is now at the stage of recording the statement under Section 313 of Cr.P.C., and one after the other, all these accused are absconding and considering the fact that the petitioner did not attend the hearing on 19.07.2024 and thereafter, he was arrested in the execution of the non-bailable warrant on 20.07.2024 and though normally this Court will enlarge the petitioner on bail, only considering the fact that the case is at the stage of recording the statement under Section 313 of Cr.P.C., and only because all the accused are absconding one after the other, Section 313 of Cr.P.C., could not be proceeded with, for the present, I am not inclined to enlarge 2/4

the petitioner on bail. Until the above case is over, if any other accused is not appearing and non-bailable warrant will be issued, and it is made clear that on their arrest, they will be kept in custody until the questioning of Section 313 of Cr.P.C., is completed and the case is over.

4.Accordingly, this Criminal Original Petition stands dismissed. sd/- 03/10/2024 / 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 ADDITIONAL DISTRICT JUDGE/PRESIDING OFFICER SPECIAL COURT UNDER ESSENTIAL COMMODITIES ACT, THANJAVUR.

2 THE INSPECTOR OF POLICE, THANJAVUR TOWN SOUTH POLICE STATION, THANJAVUR DISTRICT 3 THE OFFICER INCHARGE, SUB JAIL, PATTUKOTTAI.

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

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ORDER

IN CRL OP(MD) No.16847 of 2024 Date :03/10/2024 SS/VR/SAR- /17/10/2024/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4