Dismissed

Giriraja v. The State of Tamil Nadu

Madras HC28 Nov 2024CRL OP(MD)/20437/2024

Case brief

AI extract

What is this about?

In a bail petition under Sec.483 BNSS filed by an absconding accused in a murder case where investigation concluded and others convicted, the High Court attempted to alleviate delay rather than grant bail and directed the trial court to expedite proceedings.

What did the court decide?

Direction to Judicial Magistrate II, Ramanathapuram to expedite trial within four months; if not completed, liberty to move for bail. Bail petition dismissed.

Giriraja Vs The State of Tamil Nadu — Bail and Remand | Madras HC (2024)

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Crl.OP(MD)No.20437 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 28.11.2024

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PRESENT :

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THE HONOURABLE Mr. JUSTICE G.ILANGOVAN

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Crl.OP(MD)No.20437 of 2024

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Giriraja

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... Petitioner/ Petitioner / Petitioner/ Petitioner / Accused No.4

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Vs.

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The Inspector of Police, Kenikarai Police Station, Ramanathapuram Distirct. (Crime No.177 of 2008) ... Respondent/ Respondent / Respondent / Respondent / Respondent Complainant

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For Petitioner : Mr.K.Anbumanikandan Tamilsooriyan

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For Respondent : Mr.P.Kottaichamy

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Government Advocate (Crl.side)

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PETITIONS FOR BAIL Under Sec.483 of BNSS

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PRAYER:-

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For Bail in Crime No.177 of 2008 on the file of the respondent herein.

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ORDER:- The Court made the following order:-

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The petitioner is Accused No.4, who was arrested and remanded to judicial https://www.mhc.tn.gov.in/judis custody on 07.07.2023, for the offences punishable under Section 450, 395 r/w 397

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1/4

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Crl.OP(MD)No.20437 of 2024

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r/w 34 of IPC, in Crime No.177 of 2008, on the file of the respondent police, in P.R.C.No.13 of 2017 on the file of the Judicial Magistrate No.II, Ramanathapuram, seeks bail.

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After completing the investigation, the final report was filed before the concerned Court. Now it is pending before the trial Court. During the trial process, due to the absence of the petitioner, NBW was issued against the petitioner on 11.05.2017. On execution of the above said warrant, the petitioner was arrested on 07.07.2023.

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Learned Government Advocate (Criminal side) would submit that this case was split up with regard to the other accused persons and this petitioner. The case against the other accused persons was ended in conviction. Since the petitioner was absconding, it could not be concluded. He would further submit that the case is posted on 02.12.2024, for examination of L.W.1 to L.W.3 before the trial Court.

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In view of the above submission, there shall be a direction to the learned Judicial Magistrate No.II, Ramanathapuram, Ramanathapuram District, to expedite the trial process and complete the same within a period of four months from the date of receipt of a copy of this order. If the trial could not be completed within the said four months period, then the petitioner is at liberty to move the concerned trial Court for bail.

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https://www.mhc.tn.gov.in/judis

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2/4

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Crl.OP(MD)No.20437 of 2024

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With the above direction, this Criminal Original Petition is dismissed.

sd/28/11/2024

/ TRUE COPY /

/ 01 /2025

Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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PNN

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1 THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM.

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2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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3 THE INSPECTOR OF POLICE, KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

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THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER IN CRL OP(MD) No.20437 of 2024 Date :28/11/2024

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https://www.mhc.tn.gov.in/judis

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3/4

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Crl.OP(MD)No.20437 of 2024

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PSP/ SKN /SAR /22.01.2025/ 4P/ 6C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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https://www.mhc.tn.gov.in/judis

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Giriraja v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Giriraja v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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