Baskar @ Kozhi Baskar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Fifteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.8639 of 2022 IN S.C.NO.27 of 2017 (On the file of the II Additional District Judge, Salem(FAC) BASKAR @ KOZHI BASKAR [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] INSPECTOR OF POLICE ANNADANAPATTI POLICE STATION, SALEM DISTRICT (CRIME NO.355 OF 2016) For Petitioner : M/S. KRISHNAVENI Advocate For Respondent : MR.R.KISHORE KUMAR, Govt. Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 14.07.2021 for the alleged offence under Sections 120(b), 109, 147, 148, 323, 364, 302 and 201 of I.P.C. in Crime No.355 of 2016 on the file of the respondent police and the trial is pending in S.C.No.27 of 2017, on the file of II Addl. District Judge, Salem, seeks bail.
2. It is a case of jumped bail. The petitioner was arrested on 14.07.2021 pursuant to the non-bailable warrant issued against him.
3. The learned counsel appearing for petitioner would submit that this is the third petition praying for bail and there is no progress in the trial pending before the II Addl. District Judge, Salem in S.C.No.27 of 2017. He would also submit that he has suffered with HIV and to that effect, he has produced copy of medical certificate issued by Government Medical College and Hospital and he is in jail for more than a year. Hence, he prays to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is a notorious criminal, habitual offender and also a history sheeter in HS No.577 of 2004. He would also submit that he was absconded for more than three years and having 30 previous cases. He would further submit that he was also detained under Act 14 and now the trial court had posted the trial for evidence on 16.06.2022. Hence, he vehemently opposed to grant bail to the petitioner.
5. Considering the facts and circumstances of the case and the submissions made by both counsel and he is the history sheeter in HS No.577 of 2004 and also considering the fact that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. However, the trial court is directed to expedite the trial and dispose the matter within a period of six months from the date of receipt of copy of this order. Accordingly, this Criminal Original Petition is dismissed.
-sd/- 15/06/2022 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 II ADDITIONAL DISTRICT JUDGE AT SALEM (FAC) 2 THE INSPECTOR OF POLICE ANNADANAPATTI POLICE STATION, SALEM 3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.KRISHNAVENI Advocate on payment of necessary charges CRL OP.8639/2022 Date :15/06/2022 JPA 22/06/2022 https://hcservices.ecourts.gov.in/hcservices/