BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of March Two Thousand Twelve PRESENT The Hon`ble Mr.Justice T.SUDANTHIRAM CRL OP(MD) No.12091 of 2011 AALWIN ROTREGO ..PETITIONER/ACCUSED Vs. STATE REP BY THE SUB-INSPECTOR OF POLICE THIRUCHENDUR POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.698/2008. ..RESPONDENT/COMPLAINANT For Petitioner : M/S. S.MUTHALRAJ Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- In this matter, the defacto complainant filed an application in Crl.O.P.No.12091 of 2011 seeking a direction of this Court to direct the learned Magistrate, Thiruchendur to complete the trial within a stipulated time. This Court passed an order on 22.09.2011, directing the learned Judicial Magistrate, Thiruchendur to complete the trial within a period of four weeks from the date of receipt of a copy of the said order. The learned Judicial Magistrate, Thiruchendur is unable to complete the trial within the stipulated period given by this Court. 2.This Court perused the letter send by the Principal District Munsif-cum-Judicial Magistrate, Tiruchendur dated 11.01.2012, seeking extension of time. According to the learned Magistrate, the first accused alone appeared before the Court and summons issued in respect of accused Nos.2 and 5 were not served and Non-Bailable warrant issued against A3 and A4 are pending. It appears that the respondent police are not taking any steps either to serve the summons or to execute the warrant against A3 and A4. Only when all the accused appear before the court, it is possible for the trial court to complete the trial within a fixed period. 3.In the said circumstances, the learned Judicial Magistrate, Tiruchendur is directed to complete the trial within a period of three months, after all the accused brought before the Court. It is also open to the learned Magistrate to split up the case and proceed with the available accused. sd/- 15/03/2012 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE SUB-INSPECTOR OF POLICE THIRUCHENDUR POLICE STATION, TIRUNELVELI DISTRICT. https://hcservices.ecourts.gov.in/hcservices/ 2 THE JUDICIAL MAGISTRATE, THIRUCHENDUR, THOOTHUKUDI DISTRICT 3 THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.12091 of 2011 Date :15/03/2012 PBK : 26.3.12 ::2P-5C:: https://hcservices.ecourts.gov.in/hcservices/