CRL OP(MD). No.12531 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 25/07/2022

PRESENT

The Hon`ble Mr.Justice K.MURALI SHANKAR

CRL OP(MD). No.12531 of 2022

M.Mottaiyasamy

... Petitioner/Accused No.2

Vs

The State rep.by

The Sub Inspector of Police,

South Police Station,

Thoothukudi.

Crime No.229 of 2014

... Respondent/Complainant

For Petitioner : M/s.RAJESH.P,

Advocate.

For Respondent : Mr.R.MEENAKSHI SUNDARAM,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in S.C.No.33 of 2018 on the file of the learned

II Additional Sessions Judge, Thoothukudi in Crime No.229 of 2014 on

the file of the respondent police.

ORDER : The Court made the following order :-

The petitioner/A2 is facing a case for the offence punishable

under Section 147, 148, 294(b), 341, 302, 506(2) and 120(B) of IPC

in S.C.No.33 of 2018 on the file of the learned II Additional

Sessions Judge, Thoothukudi in Crime No.229 of 2014 on the file of

the respondent police, seeks bail.

2.It is evident from the records that since the petitioner has

not turned up for the hearing on 23.02.2021, Non-Bailable Warrant

(NBW) was ordered to be issued and that the petitioner has

surrendered before the concerned Court on 25.03.2022 and the learned

Magistrate by dismissing the recall application, remanded the

accused to judicial custody.

3.The learned Additional Public Prosecutor would submit that

there are 15 accused in this case, out of which, two accused were

already reported dead and the case was split up as against A2 and

after trial, the said accused was already acquitted. He would

further submit that Non-Bailable Warrant is pending against A3 and

A4 from 2020 onwards. He would further submit that earlier, warrant

was issued against the petitioner in 2018 and subsequently, at the

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CRL OP(MD). No.12531 of 2022

instance of the petitioner, the same was recalled. He would further

submit that the petitioner is having two murder cases, which are

pending.

4.Considering the above facts and circumstances of the case and

also the facts that the petitioner is in judicial custody from

25.03.2022 and that two murder cases are pending against him, this

Court is not inclined to grant bail to the petitioner at this point

of time.

5.However, the respondent police is directed to execute the

warrant as against A3 and A4 and on failure to execute the warrant

within the reasonable time, to take necessary steps to split up the

case against A3 and A4 and after splitting up, the learned II

Additional Sessions Judge, Thoothukudi, is directed to proceed with

the trial and dispose of the case within a period of three months

from the date of splitting up the case.

6.With the above directions, this Criminal Original Petition is

disposed of.

sd/-

25/07/2022

/ TRUE COPY /

/07/2022

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

1 THE II ADDITIONAL SESSIONS JUDGE, THOOTHUKUDI.

2 THE OFFICER INCHARGE, DISTRICT JAIL, PERAURANI, THOOTHUKUDI.

3 THE SUB INSPECTOR OF POLICE,

SOUTH POLICE STATION, THOOTHUKUDI.

4 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE REGISTRAR (JUDICIAL),

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN

CRL OP(MD) No.12531 of 2022

Date :25/07/2022

SA/PN/SAR.4/28.07.2022/2P/6C

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