Madras High CourtCRL OP/7777/2025dismissed

C.Madhesh v. The State Rep By, The Inspector Of Police,

2025-03-17Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN C.Madhesh ... Petitioner Vs.

State Rep. by The Inspector of Police, Karippatti Police Station Crime No.687 of 2014 ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, pending trial in S.C.No.274 of 2015 on the file of the II Additional District & Sessions Judge, Salem. For Petitioner : Mr.S.T.Bharath Gowtham For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was remanded to judicial custody on 04.10.2024 seeking bail in S.C.No.274 of 2015 pending trial on the file of the learned II Additional District & Sessions Judge, Salem, in connection with Crime No.687 of 2014, registered for the 1/4

offences punishable under Sections 356, 302 and 404 of IPC.

2. Learned counsel for the petitioner submitted that the petitioner suffered incarceration from 04.10.2024, and he never intended to abscond and that considering the period of incarceration, he may be released on bail.

3. The learned Government Advocate (Crl.Side) for the respondent submitted that the petitioner is a sole accused and since he had absconded from 13.07.2023, there is no progress in the trial for a period of one year.

4. It is seen that earlier, trial Court had issued Non-Bailable Warrant on 20.10.2016 and pursuant to which, he was arrested on 24.11.2016 and subsequently, on 29.07.2017, the second NBW was issued and the petitioner was arrested on 17.02.2021, and again on 11.07.2022, the third NBW was issued and pursuant to which, the petitioner was arrested on 17.10.2022 and consequently, the fourth NBW was issued on 13.07.2023 and it was executed on 04.10.2024.

5. Considering the aforesaid facts, this Court is of the view that the petitioner has not shown any regard to the Court hearings and continuously 2/4

remained absent on several occasions. He had surrendered after substantial delay and now, the case is posted for examination of LW.15 to L.W.17. Therefore, this Court is not inclined to grant bail to the petitioner at this stage.

6. Accordingly, this Criminal Original Petition stands dismissed. 17.03.2025 Sma To 1.The Inspector of Police, Karippatti Police Station Crime No.687 of 2014 2.The II Additional District & Sessions Judge, Salem

3. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

Sma 17.03.2025 4/4