Rama v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/10/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Rama,
2. Sankar, ... Petitioners/Accused No.1 and 2 Vs The Inspector of Police, Cantonment Police Station, Trichy District.
(Crime No.2005 of 2022).
... Respondent/Complainant For Petitioners: M/s.Alagumani R, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime no. 2005 of 2022 on the file of the Respondent Police. 1/4
ORDER : The Court made the following order :- The petitioners / accused who were arrested and remanded to judicial custody on 23.12.2022 for the offences under sections 392 r/w.397 of IPC in Crime No.2005 of 2022, on the file of the respondent Police seeks bail.
2. The case of the prosecution is that on 22.12.2022 at about 3.30 p.m., the accused persons restrained the defacto complainant and threatened him with knife and robbed a sum of Rs.2,000/- from him. During the course of investigation, involvement of this petitioner came to be light. Hence the case. 3.The learned counsel for the petitioner would submit that the petitioners are innocent and are no way connected in this case.
4. The learned Additional Public Prosecutor would submit that in search of the accused persons in this crime, the Police team went to Rajasthan, where, the Police team was surrounded by the neighbours and relatives of the accused persons and they were assaulted. Now the accused persons brought to Tamilnadu and judicial custody of the petitioners is very much required to complete the trial. Hence, prays to dismiss this petition. He would further submit that considering the bad antecedents 2/4
of the petitioners and also considering the gravity offence committed by the petitioners earlier bail application filed by the petitioners was dismissed by this Court. He would further submit that the investigation has been completed and final report was filed before the committal Court and it is pending in P.R.C.No.34 of 2023. The petitioners are having six previous cases. There are 17 witnesses in this case. 5.The learned counsel for the petitioners would submitted that though the petitioners are having 6 previous cases, now in 5 cases they were granted bail by the concerned Courts. One of the sureties will be blood surety from Rajastan. He is ready to produce one surety from Tamil Nadu.
6.Now the case is pending before the committal Court. The learned Judicial Magistrate No.II, Trichy shall complete the committal process in this case, immediately. Thereafter, the Sessions Court must undertake the trial and complete the same within a period of three months thereafter. Since the petitioners are in judicial custody for about 10 months, if any difficulty arises during the course of committal process or trial process, the petitioner can revive the bail application before the concerned Court without any reference to this Court. 3/4
7. With the above said direction, the petition stands dismissed sd/- 16/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. The Judicial Magistrate No.II, Trichy.
2. Do-Through The Chief Judicial Magistrate, Trichy District.
3. The Superintendent, Central Prison, Trichy.
4. The Inspector of Police, Cantonment Police Station, Trichy District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.18482 of 2023 Date :16/10/2023 SSA/VRS/20.10.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4