Venkadesan @ Thiruppathibalaji v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Eighth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.1884 of 2022 IN S.C.No.14 of 2014 (ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, TIRUVANNAMALAI) VENKADESAN @ THIRUPPATHIBALAJI [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] TIRUVANNAMALAI TOWN POLICE STATION, TIRUVANNAMALAI.
(CRIME NO.1051/2021) For Petitioner : M/S.R.THAMARAI SELVAM, Advocate for M/S D.PRASANNA KUMAR Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 07.12.2021 for the offences under Sections 147, 148, 341, 324, 302 IPC and 25(1)(A) of Arms Act, in Crime No.1051 of 2021 on the file of the respondent police, in S.C.No.14 of 2014 on the file of the Principal District and Sessions Judge, Tiruvannamalai, seeks bail.
2. It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 07.12.2021 on PT warrant on execution of non bailable warrant.
3. The learned counsel for the petitioner submitted that it is the case of the year 2012. The petitioner was earlier granted bail and thereafter, he was regularly appearing before the Court and thereafter, the petitioner was detained under Act 14 of 1982 due to which, he was unable to appear before the trial Court and the same was not informed by the prosecution before the trial Court during trial due to which, non bailable warrant was issued against the petitioner. Subsequently, the petitioner was arrested and remanded to judicial custody on 07.12.2021 through P.T. Warrant on execution of non bailable warrant. He would submit that the petitioner is ready to appear before the Court regularly and he has been suffering incarceration for past 6 months and would pray for grant of bail. 4.The learned Government Advocate (Crl.
Side) would raise strong objection stating there are 25 previous cases against the petitioner and if he is released on bail there is every possibility of the petitioner getting abscond and tampering the evidence and that already this Court has given a direction to the trial Court to complete the trial within a period of 6 months in W.P.No.27578 of 2012 vide order dated 08.12.2021.
5. On seeing the antecedents of the petitioner, there is every possibility of the petitioner getting abscond and the trial proceedings would be stalled. Further, there is already a direction to the trial Court to complete the trial within a period of 6 months in W.P.No.27578 of 2012 vide order dated 08.12.2021. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
-sd/- 28/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TIRUVANNAMALAI.
2 THE INSPECTOR OF POLICE TIRUVANNAMALAI TOWN POLICE STATION, TIRUVANNAMALAI.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
CC to M/S D.PRASANNA KUMAR Advocate on payment of necessary charges CRL OP.1884/2022 Date :28/01/2022 RW 04/02/2022