Madras High CourtCRL OP/3175/2021dismissed

Settu @ Kalimuthu v. State Rep By

2021-02-18Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.3175 of 2021 Settu @ Kalimuthu ... Petitioner Vs.

State Rep. by ... Respondent The Inspector of Police, (Law & Order) N-4 Police station, Fort, Tondiarpet, Chennai 600 081 PRC No.65 of 2016 PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in PRC.No.65/2016 pending committal on the file of the learned XVI Metropolitan Magistrate, George Town, Chennai. For Petitioner : Mr.L. Gavaskar For Respondent : Mrs.M.Prabhavathi APP

ORDER

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 03.02.2021 for the offence punishable under Sections 341 and 307 of IPC, in PRC No.65 of 2016 on the file of the learned XVI Metropolitan Magistrate, George Town, Chennai, seeks bail.

2. It is a case of jumped bail. The petitioner is A5 in PRC No.65 of 2016 on the file of the learned XVI Metropolitan Magistrate, George Town, Chennai.. The occurrence had taken place in the year 2016. NBW was issued against the petitioner on 30.11.2017, pursuant to which, the petitioner was arrested on 03.02.2021. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and that the petitioner has not aware about the Non Bailable Warrant and he was arrested on 03.02.2021. 4.The learned Additional Public Prosecutor appearing for the respondent would vehemently oppose the bail petition stating that the case is pending from the year 2016. Since the petitioner https://hcservices.ecourts.gov.in/hcservices/

was absconding for the past 5 years, and after much difficulty, the respondent police has arrested the petitioner. She would submit that at this stage, if the petitioner is let out on bail, there are every chances of him abscond again and thereby, derailing the progress of committal.

5.Taking into consideration of the fact that the matter is pending from the year 2016 and the petitioner was absconding for long time, this Court is not inclined to grant bail to the petitioner.

6. This Criminal Original Petition stands dismissed accordingly.

-sd/- 18/02/2021 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 XVI METRTOPOLITAN MAGISTRATE, GEORGE TOWN, CHENNAI.

2 THE CHIEF METRTOPOLITAN MAGISTRATE, EGMORE[FOR INFORMATION].

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE,(LAW AND ORDER) N-4 POLICE STATION, FORT, TONDIARPET, CHENNAI 600 081 5 THE OFFICER INCHARGE, SUB JAIL, CHENGALPATTU.

+1 CC to M/S.L.GAVASKAR Advocate on payment of necessary charges SR NO. 1813 CRL OP.3175/2021 Date :18/02/2021 https://hcservices.ecourts.gov.in/hcservices/ MN-01/03/2021