Madras High CourtCRL OP/7405/2021dismissed

Prem @ Prem Kumar v. State Rep By

2021-04-21Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty First day of April Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice V.BHAVANI SUBBAROYAN CRIMINAL ORIGINAL PETITION No.7405 of 2021 PREM @ PREM KUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, M-5 ENNORE POLICE STATION, CHENNAI-600 057, CR.NO.515/2009 For Petitioner : M/S.K.MANIKANDAN Advocate For Respondent : M/S.M.PRABHAVATHI, Additional Public Prosecutor 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 02.02.2021 for the alleged offences punishable under Sections 341, 307 r/w 34 of IPC, pursuant to the NBW issued on 25.10.2016 by the Judicial Magistrate, Tiruvottiyur in P.R.C No.12 of 2010, seeks bail.

2. The petitioner is A1 in this case. Pending committal in P.R.C No.12 of 2010 on the file of the Judicial Magistrate, Tiruvottiyur, the petitioner did not appear before the committal Court on 25.10.2016 and hence, the learned Magistrate issued Non Bailable Warrant against the petitioner and pursuant to which, he has been remanded to judicial custody on 02.02.2021. Hence, the petitioner has approached this Court seeking for bail.

3. The learned counsel for the petitioner would submit that the petitioner is not aware of the NBW issued against him and further, the summon was also not served to him. He has been in judicial custody since 02.02.2021. Therefore, he prays to grant bail to the petitioner.

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4. The learned Additional Public Prosecutor vehemently opposed this petition stating that since the petitioner/A1 did not appear before the committal Court on 25.10.2016, the learned Magistrate issued NBW against the petitioner and the petitioner is absconding for more than 5 years and the case is of the year 2009. She would further submit that due to his absence, there is no progress in completing the proceedings in P.R.C No.12 of 2010.

6. Considering the facts and circumstances of the case and this case is of the year 2009 and that due to the absence of the petitioner, there is no progress in committing the case in P.R.C No.12 of 2010, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 21/04/2021 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, TIRUVOTTIYUR.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR DISTRICT. (FOR INFORMATION) 3 THE INSPECTOR OF POLICE, M-5 ENNORE POLICE STATION, CHENNAI-600 057.

4 THE PUBLIC PROSECUTOR HIGH COURT, CHENNAI-104.

CC to M/S.K.MANIKANDAN Advocate on payment of necessary charges CRL OP.7405/2021 Date :21/04/2021 rg.05.05.2021 https://hcservices.ecourts.gov.in/hcservices/