Baskar @ Kozhi Baskar v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Fifth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.4759 of 2022 IN S.C.NO.353 of 2018 BASKAR @ KOZHI BASKAR [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] ANNADANAPATTI POLICE STATION, (CRIME NO.668 OF 2012) REP BY THE PUBLIC PROSECUTOR HIGH COURT AT MADRAS For Petitioner : M/S.C.EMALIAS Advocate For Respondent : MR.L.BASKARAN, Govt. 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 14.07.2021 for the offences under Sections 109, 147, 148, 341, 302 and 506(ii) of IPC, in SC.No.353 of 2018 in Crime No.688 of 2012 on the file of the II Additional District Judge, Salem (FAC), seeks bail.
2. It is a case of jumped bail. The petitioner was arrested on 14.07.2021 pursuant to the Non Bailable Warrant issued against him.
3. The learned Counsel for the petitioner submitted that it is the case of the year 2016 and he was regularly appearing before the Court. Thereafter, the petitioner due to health issues, he was unable to appear before the Court and thereby, the learned Judge ordered Non Bailable Warrant against the petitioner following which, the petitioner was arrested on 14.07.2021 and that he has been suffering incarceration for more than 6 months from 14.07.2021. He further submitted that the petitioner is prepared to appear regularly before
the trial Court and to co-operate for the trial and for past eight months there is no progress in the trial pending before the II Additional District Judge, Salem in S.C.No.353of 2018.Further, he submitted that the petitioner is suffered with HIV to that effect he produced the copy of the medical certificate issued by the Government Medical College and Hospital, Salem. Hence, he seeks for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) raised objection stating that this is the case is of the year 2016 and the petitioner is a notorious Criminal and he is a habitual offender and the history sheet no is assigned as HS.No.577 of 2004. He further submits that the petitioner was absconding for more than three years and he is having 30 previous cases and he is detained under Act 14 and that he is not cooperating for trial proceedings and if the petitioner is released on bail, there is every possibility that the petitioner getting abscond and the trial would get stalled.
5.Considering the above submissions made by the learned Government Advocate (Crl. Side) and the antecedents against the petitioner and he is the history sheeter HS.No.577 of 2004 , this Court is not inclined to grant bail to the petitioner.
6. Accordingly this Criminal Original petition is dismissed. Further, this Court directs the trial Court to dispose the case within two months from the date of receipt of a copy of this order without any adjournments.
-sd/- 25/03/2022 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 II ADDITIONAL DISTRICT JUDGE, SALEM(FAC) 2 THE INSPECTOR OF POLICE, ANNADANAPATTI POLICE STATION, REP BY THE PUBLIC PROSECUTOR HIGH COURT AT MADRAS
3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.C.EMALIAS Advocate on payment of necessary charges CRL OP.4759/2022 Date :25/03/2022 JPA 31/03/2022