Madras High CourtCRL OP/3909/2025dismissed

Deepak @ Mubarak@ Vinayagam v. The State Represented By, The Insepctor Of Police

2025-03-10Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Deepak @ Mubarak @ Vinayagam ... Petitioner Vs.

The State represented by, The Inspector of Police, V-4 Rajamangalam Police Station.

(Crime No.1131 of 2012).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.1131 of 2012, pending investigation on the file of the respondent Police. For Petitioner : Mr.M.Ponmudi For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 03.02.2025 seeking bail in S.C.No.157 of 2013 pending trial on the file of the learned Principal Sessions 1/4

Judge, City Civil Court, Chennai, in connection with Crime No. 1131 of 2012 registered for the offences punishable under Sections 341, 336, 427 read with Sections 397 & 506(ii) of IPC.

2. The petitioner is facing prosecution for the offence under Sections 341, 336, 427 read with Sections 397 & 506(ii) of IPC. The petitioner was initially granted bail during the investigation. During the trial, for his nonappearance, a non-bailable warrant was issued on 22.07.2013 and the petitioner was arrested on 03.02.2025.

3. Learned counsel appearing for the petitioner submitted that, the petitioner's non appearance is neither wilful nor wanton and in any case, petitioner is in custody from 03.02.2025 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Per contra, the learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that due to the absence of the petitioner, trial is pending from the year 2012 without any progress. 2/4

5. Considering the fact that the case is pending from the year 2012 without any progress due to the non appearance of the petitioner, this Court is not inclined to grant bail to the petitioner, at this stage.

6. Accordingly, this Criminal Original Petition stands dismissed. 10.03.2025 Sma To

1. The Inspector of Police, T-12 Poonamallee Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

Sma 10.03.2025 4/4