Prathip v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 09.01.2023 for the alleged offence under Sections 341, 294(b), 324, 392 r/w 397, 336, 506(ii) of IPC, in Crime No.106 of 2018 on the file of the respondent police, pending trial in S.C.No.77 of 2020 on the file of II Addl.Sessions Judge, Chennai seeks bail. 2.It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 09.01.2023 on execution of non bailable warrant issued against him.

3.The learned counsel for the petitioner would submit that the petitioner was earlier granted bail and thereafter, he was regularly appearing before the trial Court. On 01.06.2022, as he was arrested on 26.05.2022 in another case in Crime No.140 of 2022, he was unable to appear before the 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 09.01.2023. 1/4

He would submit that the petitioner has been suffering incarceration from 09.01.2023. He would further submit that the petitioner is ready to appear before the Court regularly and to co-operate for the trial. Hence, he prayed to grant bail to the petitioner.

4.The learned Government Advocate (Crl.side) raised objection stating that totally, there are 23 previous cases including 11 cases under Sec.307 of IPC are pending against him and he is a notorious person. He would submit that when he did not appear before the trial Court on 01.06.2022, non bailable warrant was issued against him and he was arrested on 09.01.2023. He would also submit that he absconded for more than 6 months and after securing him only, the trial is in progress and the trial would be completed within six months and all the other cases are in trial stage. He would further submit that this Court taking into consideration the previous cases pending against the petitioner, dismissed the earlier petition and that there is no change in circumstances. Hence, he vehemently opposed for grant of bail. 2/4

5. It is seen that this Court very recently on 27.01.2023 has dismissed the earlier application for bail and still there is no change in circumstances. Further, the petitioner has involved in 23 previous cases including 11 cases under Sec.307 of IPC. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed.

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T.V.THAMILSELVI, J.

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