Bala @ Balan v. The State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Bala @ Balan

...Petitioner/Accused 6

Vs.

State rep by The Inspector of Police, Tindivanam Police Station, Villupuram District.

(Crime No.296 of 2011) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioners on bail in P.R.C.No.21 of 2020 on the file of the learned Judicial Magistrate No.1, Tindivanam, Villupuram District.

For Petitioner :

Mr.B.Gopalakrishnan For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 4

ORDER

The petitioner, who is facing trial for the offence under Sections 120(b), 392, 363 and 395 r/w 397, 414 r/w 34 of IPC in P.R.C.No.21 of 2020 on the file of the learned Judicial Magistrate No.1, Tindivanam, Villupuram District, did not appear before the committal Magistrate on 20.01.2021 and hence, NBW was issued which was subsequently executed on 01.02.2025 and remanded to judicial custody, seeks bail. 2.The learned counsel for the petitioner would submit that the petitioner is in custody for nearly 50 days and considering the period of incarceration, he may be released on bail.

3.Per contra, the learned Government Advocate (Crl. Side) submitted that the case is pending for nearly four years because of the absence of the petitioner and that the case has now been split up against the co-accused and the trial was conducted.

Page No.2 of 4

4.It is seen that due to the absence of the petitioner from 20.01.2021, the trial has been delayed. Though the case against the co-accused was split up, the petitioner has been the cause for the delay of trial. 5.In view of the above, this Court is of the view that the petitioner is not entitled to grant of bail at this stage. Accordingly, this Criminal Original Petition is dismissed.

21.03.2025 ata Page No.3 of 4

SUNDER MOHAN, J.

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