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Madras High CourtCRL OP/12108/2024dismissed

Nirabu v. The State Through

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

Crl.O.P.No.12108 of 2024 T.V.THAMILSELVI, J.

The petitioner/A6, who was arrested and remanded to judicial custody on 06.03.2024, pursuant to the Non-Bailable Warrant of arrest issued against him in P.R.C.No.29 of 2013 pending on the file of the learned District and Sessions Judge, Mayiladuthurai, in connection with Crime No.380 of 2012 registered for the offences under Section 399 of IPC, seeks bail.

2. Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in P.R.C.No.29 of 2013, pending on the file of the learned District and Sessions Judge, Mayiladuthurai. 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 06.03.2024. 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 A6 facing trial in P.R.C.No.29 of 2013, pending on the file of the learned District and Sessions Judge, Mayiladuthurai, has failed to appear before the trial Court, the trial Court has issued a Non-Bailable Warrant against him. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

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4. He further submitted that pursuant to NBW issued against the petitioner, he was arrested on 06.03.2024. Therefore, he opposed for granting bail to the petitioner, stating that 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 wantonly 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. Further, the petitioner is directed to cooperate for the trial proceedings. 06.06.2024 ham Crl.O.P.No.12108 of 2024 https://www.mhc.tn.gov.in/judis