Madras High CourtCRL OP(MD)/17648/2024dismissed

Azhagar v. The State Of Tamil Nadu

2024-10-21Honourable Mr Justice D.Bharatha Chakravarthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD)No.17648 of 2024 Azhagar ... Petitioner/A-2 Vs The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.

Crime No.257 of 2009 ... Respondent/Complainant For Petitioner : Mr.V.Selvakumar, Advocate.

For Respondent : Mr.R.M.Anbunithi Additional Public PRosecutor PETITION FOR BAIL Under Sec.483 of BNSS Act.

PRAYER :- For bail in Crime No.257 of 2009 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 15.11.2023 for the offences punishable under Sections 342, 302 r/w. Section 34 of IPC, in crime No.257 of 2009, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to previous motive with regard to property dispute, the petitioner along with other accused have attacked the victim with a sickle and caused death. Hence, the complaint. 3.Heard the learned counsel on either side and perused the material records of the case.

4.Considering the nature of allegation in this case that the case is of the year 2009 and it is alleged that the petitioner along with the connivance of the Court officials had stolen the bundle and destroyed the same and the bundle having been re-constructed and after absconding for a long time, the petitioner has been arrested and the case with reference to stealing of the Court bundle is also pending trial, this is not a case where the petitioner can be enlarged on bail. 5.Since the petitioner's prayer for bail is denied, the prosecution is directed to expedite the trial by producing the relevant witness on the respective dates. The trial Court shall endeavor to conduct the trial as expeditiously as possible. 6.Accordingly, this Criminal Original Petition stands dismissed. sd/- 21/10/2024 / TRUE COPY / / /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

2 THE INSPECTOR OF POLICE, THIRUVIDAIMARUTHUR POLICE STATION, THANJAVUR DISTRICT.

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

ORDER IN CRL OP(MD) No.17648 of 2024 Date :21/10/2024 BV (18/11/2024) 3P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.