Karthik v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fourteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5870 of 2022 IN P.R.C.NO.19 of 2016 (Pending On the file of the Judicial Magistrate NO.1, Coimbatore) KARTHIK [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PERUR POLICE STATION, COIMBATORE DISTRICT (CRIME NO.173 OF 2016) For Petitioner : M/S K.BALASUBRAMANIAM Advocate For Respondent : M/S.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 on 12.01.2022 for the alleged offences under section 392 read with 397 of I.P.C. in Crime No.173 of 2016 seeks bail.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

3. The petitioner herein was arrested on 12.01.2022 under Section 392 read with 397 of I.P.C was granted bail subsequently. However, on 05.01.2017, he did not appear before the Court and NBW was issued. Later on issuance of PT warrant, he was produced before the Court and thereafter, committed to judicial custody on 12.01.2022 in this case.

4. The learned counsel for the petitioner states that the petitioner herein was not aware of the pendency of this case and he was regularly attending Court for other cases pending before the Courts within the same campus. Therefore, he never had intention of absconding and therefore he may be released on bail on some conditions.

5. Perusal of the lower Court order indicates that the petitioner is facing 5 cases of similar nature and 2 other cases triable by Sessions Court. Due to his non appearance for the past 5 years, there is no progress in the present case. Therefore, the court below has considered that the release of the petitioner herein may lead to abscondance and further delay. This Court has no second opinion in this regard. Hence, this Criminal Original Petition for bail is dismissed. Further, the dismissal of this bail petition will not stand in the way of the petitioner to revive his plea before the trial Court which will be in a position to assess the conduct of the petitioner and his availability for trial in future, if he is released on bail.

-sd/- 14/03/2022 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 JUDICIAL MAGISTRATE, NO.I, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PERUR POLICE STATION, COIMBATORE DISTRICT 4 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPPALLI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S K.BALASUBRAMANIAM Advocate on payment of necessary charges SR.NO.3920 CRL OP.5870/2022 Date :14/03/2022 JPA 22/03/2022