Mohamed Sabi @ Madhan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Seventh day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.11598 of 2021 MOHAMED SABI @ MADHAN [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE SUB-INSPECTOR OF POLICE, VEERAPANDI POLICE STATION, TIRUPPUR DISTRICT.

CRIME NO.665/2016.

For Petitioner : M/S. P.PUGALENTHI Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested on 22.03.2021 and remanded to judicial custody for the alleged offence under Sections 392, 397 and 506(ii) of IPC in Cr.No.665 of 2016 on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that the trial Court has issued Non-Bailable warrant to the petitioner on 03.12.2019 and he was secured on 22.03.2021.

3.

The learned counsel appearing for the petitioner submitted that the petitioner was already remanded by the respondent police, then he was released on bail. Thereafter, the petitioner has appeared for all the hearings before the Court below regularly. Due to illness, the petitioner has not appeared before the trial Court on 03.12.2019. on that day, the trial Court has issued a NonBailable warrant to him and he was formally arrested under PT Warrant on 22.03.2021 in Cr.No.1868 of 2020 and remanded to judicial custody. Hence, he prays to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.

The learned Government Advocate submitted that the petitioner is a habitual offender and there are 15 previous cases pending against him. The petitioner was not regularly appeared before the trial Court and he further submitted that the case is pending for more than four years. If the petitioner is released on bail, he may abscond and the case would affect. Hence, he vehemently opposed to grant bail to the petitioner.

5.

Considering the fact that the petitioner is a habitual offender and there are several previous cases pending against him, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed. -sd/- 07/07/2021 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 SUB-INSPECTOR OF POLICE, VEERAPANDI POLICE STATION, TIRUPPUR DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE-18 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. P.PUGALENTHI Advocate on payment of necessary charges CRL OP.11598/2021 Date :07/07/2021 JPA 19/07/2021 https://hcservices.ecourts.gov.in/hcservices/