G.Dinesh Kannan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN G.Dinesh Kannan

... Petitioner / Accused No.2 Vs State Through, The Inspector of Police, Thiruchuli Police Station, Virudhunagar District. (Crime No.157 of 2012) ...Respondent/Complainant For Petitioner : Mr.Jothi Basu, Advocate

For Respondent : Mr.R.M.Anbunithi,

Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :-

To enlarge the petitioner on bail in the case in S.C.No.34 of 2023 on the file of the Additional District and Sessions Judge, Virudhunagar in Crime No.157 of 2012 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.2 herein, who was arrested on 14.08.2023 for the alleged offence under Sections 147, 148, 294(b), 341, 323, 353, 336 of IPC and Section 3(1) & 5 of TNPPDL Act, in Crime No.157 of 2012, on the file of the respondent police in S.C.No.98 of 2014 on the file of the Additional District and sessions Court, Virudhunagar, seeks bail.

¶2Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent police submitted that before the trial Court, the case was posted for arguments. He further submitted that for about one year, some of the accused persons including this petitioner remained absent before the trial Court. Because of the continuous absence, the Non Bailable Warrant has been issued against the petitioner. The case was also split up against the accused persons in S.C.No.34 of 2023, who were absent for the long period. In respect of regularly appearing accused the case was proceeded in parent case S.C.No.98 of 2014.

¶3Since the case is posted for arguments before the trial Court, the petitioner is not entitled for bail. Hence, this Criminal Original Petition is dismissed with a direction to the trial Court to complete the trial process within a period of two months from the date of receipt of a copy of this order. If the trial process is not completed within a period of two months, the petitioner can approach the trial Court for seeking bail.

sd/-

07/11/2023

/ TRUE COPY /

/12/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TTA To

1.The Additional District and Sessions Judge, Virudhunagar

2.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

3.The Officer Incharge, Sub Jail, Aruppukottai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to M/s.G.M.LAW OFFICE, Advocate, SR.No.16029 (I), dated 08/11/2023 ORDER IN CRL OP(MD) No.18791 of 2023 Date :07/11/2023 ED/ DD /SAR- (14/12/2023) 3P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023