Madras High CourtCRL OP/5119/2022dismissed

Mahendran v. The Inspector Of Police

2022-03-04Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fourth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5119 of 2022 MAHENDRAN [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] BELUKURICHI POLICE STATION, NAMAKKAL DISTRICT.

CRIME NO.184 OF 2019 For Petitioner : M/S. W.CAMYLES GANDHI Advocate For Respondent : Mrs.G.V.KASTHURI, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested for the offences punishable under Sections 12, 11(4) of POCSO Act, 2012 & 506(i) IPC, in Crime No.184 of 2019, on the file of the respondent police, seeks bail.

2. The petitioner herein was secured on issuance of NBW on 03.12.2021 for non-appearance in a case registered against him for offence under Sections 12, 11(4) of POCSO Act, 2012 & 506(i) IPC.

3. The learned Additional Public Prosecutor submits that when the witnesses were about to be examined, the petitioner absconded and hence NBW was issued and she further submits that if the petitioner is released on bail he may again abscond.

4. The trial Court while considering the bail petition of the petitioner has pointed out that, the petitioner had not appeared for four hearings continuously and that has resulted in delay in the progress of the trial.

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5. Considering the said facts and circumstances involved in this case, this Court is not inclined to enlarge the petitioner on bail. However, this Court grants liberty to the petitioner herein to move the petition for bail before the Trial Court, soon after the material witnesses are examined and if such petition is filed, the trial Court shall consider the bail petition on merits and pass appropriate orders on the same day in the manner known to law.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 04/03/2022 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 INSPECTOR OF POLICE BELUKURICHI POLICE STATION, NAMAKKAL DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT CENTRAL PRISON, SALEM.

+1 CC to M/S. W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO. 3350 CRL OP.5119/2022 Date :04/03/2022 RW 16/03/2022 https://hcservices.ecourts.gov.in/hcservices/