K.Sathya @ Bomabay Raj v. State Rep.By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 16.09.2022 for the alleged offence under Sections 302 of I.P.C. in Crime No.13 of 2018 on the file of the respondent police pending trial in S.C. No.68 of 2020 on the file of learned XVIII Addl. Sessions Judge, Chennai, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 16.09.2022 pursuant to the non-bailable warrant issued against him.

3. The learned counsel appearing for petitioner would submit that the petitioner was earlier granted bail and thereafter, he was regularly appearing before the trial Court. On 23.08.2021, he was unable to appear before the Court and subsequently, the learned Magistrate issued non bailable warrant against the petitioner on 16.09.2022, thereby he was detained under PT

warrant on 16.09.2022 on execution of non-bailable warrant. He would submit that he is an innocent person and he has been falsely implicated in this case. He would submit that he has not at all committed any offence and he is ready to abide any condition that may be imposed by this court. He would submit that he is ready to appear before the Court regularly and to co-operate for the trial. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that as he was not appeared before the trial court on 23.08.2021, the learned Magistrate issued PT warrant and subsequently, the petitioner was arrested on 16.09.2022 on execution of PT warrant. He would submit that it is a case of murder and for the past 1 1⁄2 years, he absconded and he was secured only on 16.09.2022. He would further submit that after securing him only, there is a progress in the trial and now out of 25 witnesses, 19 were examined. He would submit that they will complete the trial within a month. Hence, if he is released on bail, there is possibility of hampering the investigation. Therefore, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances and also the fact that for the past two years, he absconded and after securing him only, there is a progress in the trial and now out of 25 witnesses, 19 witnesses were examined and if he is released on bail, there is possibility of tampering the witnesses and hampering investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, the trial court is directed to complete the trial within a period of eight weeks from the date of receipt of copy of this order. 25.01.2023 rpp

T.V.THAMILSELVI, J.

rpp 25.01.2023