Naveen Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.11572 of 2022 S.C.NO.17 of 2020 (ON THE FILE OF THE SESSIONS JUDGE, ERODE) NAVEEN KUMAR PATEL [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NORTH POLICE STATION, ERODE.

CR.NO.291 OF 2019.

For Petitioner : M/S J.FRANKLIN Advocate For Respondent : MR.S.SANTHOSH, 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 11.04.2019 for the offence under Sections 364(A), 342, 302 and 201 of IPC in Crime No.291 of 2019 on the file of the respondent police, seeks bail.

2.The learned Government Advocate (criminal side) submitted that there are totally three accused persons in this case and the petitioner has been ranked as A1. Earlier, bail was granted to A2 and A3 and thereafter, they have absconded and they are not appearing before the court below and as a result, even charges have not been framed for the last two years. Learned Government Advocate further submitted that the petitioner belongs to the State of Bihar and if bail is granted to the petitioner, he will also abscond and there is absolutely no progress in the trial. Hence, the learned Government Advocate vehemently opposed the grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

3.Taking into consideration the fact that there has been absolutely no progress in the proceedings before the court below and not even charges have been framed for the last two years and also of the fact that the other two accused persons have absconded and are not attending the proceedings before the court, this Court is not inclined to grant bail to the petitioner, since he also belongs to State of Bihar and there are all possibilities of the petitioner also absconding and thereby the entire trial proceedings coming to the grinding halt. This Court finds lot of force in the submissions made by the learned Government Advocate (criminal side). That apart, the earlier bail petition filed by the petitioner was dismissed as withdrawn only on 01.03.2022.

In view of the above, the bail petition is dismissed. -sd/- 18/05/2022 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 THE SESSIONS JUDGE, ERODE DISTRICT.

2 THE INSPECTOR OF POLICE, NORTH POLICE STATION, ERODE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CUSTODY CENTRAL PRISON, PUZHAL, CHENNAI.

CC to M/S J.FRANKLIN Advocate on payment of necessary charges CRL OP.11572/2022 Date :18/05/2022 TA-20/05/2022 https://hcservices.ecourts.gov.in/hcservices/