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Madras High CourtCRL OP/1326/2024dismissed

Vishwa @ Vishwanathan v. State Rep.By

2024-02-14Honourable Mr Justice C.V. Karthikeyan2 pages

Crl.O.P.No.1326 of 2024 Crl.O.P.No.1326 of 2024 C.V.KARTHIKEYAN,J.

The petitioner is A2 in S.C.No.371 of 2023 pending before the III Additional District and Sessions Judge, Vaniyambadi, Thirupathur District seeks bail.

2.There were two accused in this case. The petitioner is arrayed as A2. In the interregnum period, the case against the petitioner was split up and the trial proceeded against A1 inSince the petitioner absconded from judicial process, Non Bailable Warrant had been issued against him on 27.09.2018. The petitioner was secured only after five years on 25.10.2023. S.C.No.17 of 2019 and by judgment dated 13.01.2020, A1 was acquitted. 3.The learned counsel for the petitioner stated that the petitioner intends to file a quash petition.

4.This Court can express no opinion on that particular issue. A report has been received from the III Additional District and Sessions Judge, Vellore @ Thirupathur, dated 05.02.2024 in Dis.No.161 of 2024, wherein it had been stated that the petitioner is from Andhra Pradesh and he had absconded from more than 5 years and he may not co-operate with trial. It is https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.1326 of 2024 C.V.KARTHIKEYAN,J.

Vkr also stated that the trial will be taken up in short adjournments. Charges have been framed and the matter is listed for examining of witnesses. 5.It would only be appropriate that a direction is given to the III Additional District and Sessions Judge, Vellore @ Tirupathur District to endeavour to complete the trial in S.C.No.371 of 2023, provided all the witnesses appear on receipt of summons and counsel for the accused cooperate by cross examining the witnesses without taking unnecessary adjournments, on or before 31.03.2024.

6.Taking into consideration that the petitioner had been absconding from more than 5 years and is a resident of Andhra Pradesh and the respondent had taken very strenuous efforts to secure him, I am not inclined to grant bail to the petitioner.

7.Hence, this Criminal Original Petition stands dismissed. 14.02.2024 vkr Crl.O.P.No.1326 of 2024 https://www.mhc.tn.gov.in/judis 2/2