Madras High CourtCRL OP/11416/2024dismissed

Pachaiyappan v. The State Rep. By

2024-06-07Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.11416 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 21.10.2023, pursuant to the Non-Bailable Warrant of arrest issued against him on 08.04.2019 in S.C.No.50 of 2019 pending on the file of the Mahila Court, Cuddalore in connection with Crime No.77 of 2018 registered for the offences under Sections 294(b), 326, 324, 307 & 302 of IPC, seeks bail.

2. Learned counsel for the petitioner submitted that this is the second application for bail filed by the petitioner before this Court. He further submitted that since the petitioner was unable to appear before the trial Court, he was issued with the non-bailable warrant and pursuant to the same, he was arrested on 21.10.2023. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and he also undertakes that he will appear before the trial Court on all hearing dates without fail, therefore, he prayed for grant of bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent submitted raised objection stating that since the petitioner, who is facing trial in S.C.No.50 of 2019, on the file of the Mahila Court, Cuddalore, has failed to appear before the trial Court for more than 4 years, there is no progress in the trial and he was arrested pursuant to the NBW issued against him. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

ham

4. He further submitted that the case now stands posted on 14.06.2024 for examination of LW1 to LW5. Therefore, if he is released on bail, there is a possibility of him absconding again and will derail the progress of trial.

5. Considering the submissions made by the learned Government Advocate (Crl.Side) and also considering the conduct of the petitioner, this Court is of the view that the petitioner is deliberately derailing the progress of the trial, therefore, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition stands dismissed. However, the trial Court is directed to dispose the case as expeditiously as possible, within a period of three months from the date of receipt of a copy of this order.

07.06.2024 ham Crl.O.P.No.11416 of 2024 https://www.mhc.tn.gov.in/judis