R.Radhakrishnan v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 23.11.2020 for the alleged offence under Sections 294(B), 341, 307 r/w 324 and 506(ii) of I.P.C. in Crime No.449 of 2009 on the file of the respondent police pending trial in S.C. No.158 of 2014 on the file of learned IV Addl. Sessions Judge, Chennai, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 23.11.2020 pursuant to the non-bailable warrant issued against him.

3. The learned counsel appearing for petitioner would submit that the petitioner was earlier granted bail and thereafter, he was regularly appearing before the trial Court. On 05.02.2020, he was unable to appear before the Court and subsequently, the learned Magistrate issued non bailable warrant against the petitioner, thereby he was detained under PT

warrant on 23.10.2020 on execution of non-bailable warrant. He would submit that he is an innocent person and he has been falsely implicated in this case. He would submit that he has not at all committed any offence and he is ready to abide any condition that may be imposed by this court. He would submit that he is ready to appear before the Court regularly and to co-operate for the trial and this is the second petition seeking for bail. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that as he was not appeared before the trial court on 05.02.2020, the learned Magistrate issued PT warrant and subsequently, the petitioner was arrested on 23.11.2020 on execution of PT warrant. He would submit that totally, there are 33 previous cases pending against him, in which 6 murder cases and 5 cases under Sec.307 of I.P.C. pending against him. He would submit that after hectic efforts, he was secured only on 23.11.2020. He would submit that after securing him, there was a progress in the trial and out 15 witnesses, 3 witnesses have been examined and the case is posted for examination of L.W.4. Hence, if he is released on

bail, there is possibility of hampering the investigation. Therefore, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances and also on seeing his bad antecedents that he is having 33 previous cases, in which 6 murder cases and 5 cases under Sec.307 of I.P.C. pending against him and also the fact that if he is released on bail, he may abscond and there is possibility of hampering investigation and tampering witnesses and the fact that after securing him, there was a progress in the trial and out 15 witnesses, 3 witnesses have been examined and the case is posted for examination of L.W.4. and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, the trial court is directed to dispose the case within a period of three months from the date of receipt of copy of this order. 21.03.2023 rpp

T.V.THAMILSELVI, J.

rpp 21.03.2023