Senthamaraikannan @ Thamaraikannan v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 27.01.2023 for the alleged offence under Sections 147, 148, 294(b), 307, 326 and 506(ii) of I.P.C. in Crime No.1033 of 2014 on the file of the respondent police, pending trial in S.C.No. 61 of 2020 on the file of learned III Addl. Sessions Judge, Chennai seeks bail.

2. It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 27.01.2023 on execution of non bailable warrant issued against him.

3. The learned counsel for the petitioner would submit that the petitioner was earlier granted anticipatory bail and thereafter, he was regularly appearing before the trial Court. On 04.11.2025, as he has migrated for avocation, he is not able to appear before the trial court and subsequently, the learned Magistrate issued non bailable warrant against

the petitioner following which, the petitioner was arrested and remanded to judicial custody on 27.01.2023. He would submit that the petitioner has been suffering incarceration from 27.01.2023. He would further submit that the petitioner is ready to appear before the Court regularly and to cooperate for the trial. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) raised objection stating that when he did not appear before the trial Court, non bailable warrant was issued against him and he was arrested on 27.01.2023. He would also submit that he absconded for more than 7 years from the year of 2015. He would submit that after securing him only, the trial is in progress and the trial is in I.O. stage and the same is yet to be completed. Hence, if he is released on bail, he may abscond and the trial would be stalled.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering gravity of offence committed by the petitioner and after securing him only, there is a progress in trial and now the trial is in I.O. stage and if he is released on bail, he may

abscond and there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 21.02.2023 rpp

T.V.THAMILSELVI, J.

rpp 21.02.2023