Madras High CourtCRL OP/5165/2022dismissed

Karunakaran v. The State Rep By

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.5165 of 2022 KARUNAKARAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KALASAPAKKAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

CRIME NO.267/2017 For Petitioner : M/S.R.BALAKRISHNAN 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 herein was arrested for the offence under sections 294(b), 325, 506(ii) IPC @ 294(b), 302 I.P.C. where the trial is pending and the petitioner had jumped bail was later secured on execution of NBW.

2.Learned counsel for the petitioner submitted that the mother of the petitioner is seriously ill and the petitioner on execution of NBW, is in jail since 16.08.2019 and therefore, the bail may be granted.

3.However, on perusal of the order of the trial court dismissing the bail petition, this Court finds that due to the absconding of this petitioner, the trial has been delayed and only after securing him, out of 21 witnesses, the prosecution was able to examine 6 witnesses and if the petitioner is released on bail, again he may jump bail and delay the trial. This Court is convinced about the reasoning given by https://hcservices.ecourts.gov.in/hcservices/

the trial court for dismissing the bail petition and therefore, dismissed this application. However, it is open to the petitioner herein to revive his application before the trial court and in case of any change of circumstances, the trial court shall consider the bail application afresh according to the circumstances. -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 SUPERINTENDENT, CENTRAL PRISON, VELLORE.

2 THE INSPECTOR OF POLICE, KALASAPAKKAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.R.BALAKRISHNAN Advocate on payment of necessary charges SR.NO. 3342 CRL OP.5165/2022 Date :04/03/2022 RW 10/03/2022 https://hcservices.ecourts.gov.in/hcservices/