Mareeswaran v. The Inspector of Police

CRL OP(MD). No.8783 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.8783 of 2023 Mareeswaran

... Petitioner/Accused No.2

Vs State through The Inspector of Police, M.Puthupatti Police Station, Virudhunagar District. in Crime No.46/2022. ... Respondent/Complainant

For Petitioner : M/s.Jothi Basu M,

Advocate.

For Respondent : Mr.R.Meenakshi Sundaram,

Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- To release the petitioner on bail in the case in SC.No.129/2022 on the file of Court of the Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur in the case in Crime No.46/2022 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.4, who was arrested and remanded to judicial custody on 01.03.2022 for the offences punishable under Sections 341, 324, 302, 147, 148,342,506(ii),120(B),109,34 and 326 of IPC , in Crime No.46 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 30.03.2022 at about

05.15 p.m., while the defacto complainant and the deceased were travelling in a motorcycle, the petitioner and the other accused attacked the defacto complainant and the deceased with deadly weapons. Due to the attack, the deceased succumbed to the injuries. CRL OP(MD). No.8783 of 2023

3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor appearing for the respondent submits that investigation has already been completed and charge sheet has been filed before the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur of which 18 witnesses have been examined.

5.This Court while dismissing the earlier petition filed by the petitioner had directed the trial Court to complete the trial within a period of six months from the date of receipt of a copy of that order. Further taking into consideration the seriousness and gravity of the offence this Court is not inclined to grant bail to the petitioner.

¶6Hence the petition stands dismissed. However the trial Court is directed to complete the trial proceedings within a period of eight weeks from the date of receipt of a copy of this order. sd/- 17/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. AAV TO

¶1The Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur.

¶2The Superintendent, Central Prison, Madurai.

¶3The Inspector of Police, M.Puthupatti Police Station, Virudhunagar District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.G.M.LAW OFFICE, Advocate (SR-7479[I] dated 18/05/2023) ORDER IN CRL OP(MD) No.8783 of 2023 Date : 17/05/2023 NA/VR/SAR-3/18.05.2023/2P/6C