In second bail petition for murder offence, petitioner argued 500-day delay and limited cases. Court dismissed bail due to antecedents and danger to witness, directing trial to accelerate to 03.11.2023 under Section 309 Cr.P.C.
Trial to complete by 03.11.2023; Respondent 1 to produce witnesses via advance hearing petition.
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Crl.O.P.No.21812 of 2023
Dr.G.JAYACHANDRAN,J.
It is a second bail petition filed by the 4th accused, who is facing trial for the offence under Sections 294 b, 341, 120 B r/w. 302 IPC.
2. The learned counsel appearing for the petitioner submits that, for the past 500 days the petitioner is in prison. Three co-accused has already been granted bail and his bail petition is dismissed due to bad antecedents. The learned counsel for the petitioner further submits that only six cases are against him and not 20 cases as projected by the prosecution. Since the Court witnesses already been examined by the prosecution, now posted for examination of Investigating Officer. If the petitioner released on bail, the petitioner is abide by any bail condition.
3. The learned Government Advocate (Crl.Side) opposed that if the petitioner released on bail, his cooperation in completion of trial is very remote. In view of his antecedents, there is also possibility of dangering the life of the defacto complainant who is none other than the wife of the deceased, who had witnessed the gruesome murder and deposed against the petitioner.
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4. It is stated that the case is posted on 30.10.2023 for further examination of Investigating Officer. This Court is unable to understand why the Sessions Case been adjourned by such a long date ignoring the mandate of Section 309 Cr.P.C. Taking note of the above fact, the bail petition is dismissed with a direction to the respondent police to file advance hearing petition and directed to produce the witnesses to complete the trial at the earliest. On such application, the trial Court is directed to advance the hearing and the same may be entertained and to complete the trial by 03.11.2023.
22.09.2023
rpl
Note: Issue Today
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Dr.G.JAYACHANDRAN,J.
rpl
Crl.O.P.No.21812 of 2023
22.09.2023
2 issues framed by the court
Whether bail should be granted to the 4th accused despite arbitrary adjournment of trial over 500 days.
Whether delay in examination of Investigating Officer warrants dismissal of bail petition.
1 provisions across 1 enactments
Dr.G.JAYACHANDRAN
G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
