BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10456 of 2011 VICTOR BALU ..PETITIONER/ACCUSED NO.1 Vs. STATE REP.BY THE SUB-INSPECTOR OF POLICE SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. ( CR.NO.205 OF 2006 ) ..RESPONDENT/COMPLAINANT For Petitioner : M/S. S.MAHENDRAPATHY Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as A1 and he was arrested and remanded to judicial custody on 23.07.2011 for the alleged offences punishable under Section 420 I.P.C., in Crime No.205 of 2006 on the file of the respondent police and hence, seeks bail. 2.The learned counsel for the petitioner would submit that the case has been part-heard stage because of his non-appearance, non- bailable warrant has been issued against him, which was executed and now he is in judicial custody and even though he filed an application for bail before the lower Court which was dismissed and hence, he prays for enlargement on bail. 3.The learned Additional Public Prosecutor (Crl.side) would submit that all the witnesses were examined and the case is pending only for examination of Investigating Officer and the case is posted on 18.08.2011 and if he was enlarged on bail he will abscond from the jurisdiction and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides and also considering the fact that the case has been part-heard stage and the case is pending only for examination of Investigating Officer and the case is posted on 18.08.2011 and the petitioner was not appeared on the date of hearing, non-bailable warrant has been issued against him https://hcservices.ecourts.gov.in/hcservices/ which was executed on 23.07.2011 even though, he filed an application for bail before the lower Court, which was dismissed and the case is of the year 2006, instead of granting bail, I am inclined to direct the learned Judicial Magistrate No.2, Srivilliputhur, Virudhunagar District to dispose of the case within a month from the date of receipt of a copy of this order. With the above direction, the Criminal Original Petition is disposed of. sd/- 11/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.2, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3 THE OFFICER-IN-CHARGE, SUB-JAIL, SRIVILLIPUTHUR. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 5 THE SUB-INSPECTOR OF POLICE SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. akm/17.08.11 /2p-6c/ ORDER IN CRL OP(MD) No.10456 of 2011 Date :11/08/2011 https://hcservices.ecourts.gov.in/hcservices/