Madras High CourtCRL OP/12733/2024dismissed

Sankar @ Auto Sankar v. The State Rep By

2024-06-04Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.12733 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 07.12.2023, pursuant to the Non-Bailable Warrant of arrest issued against him in S.C.No.56 of 2016 pending on the file of the II Additional District Court, Puducherry, in connection with Crime No.30 of 2016 registered for the offences under Sections 449, 324 and 302 of IPC, seeks bail.

2. Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in S.C.No.56 of 2016, pending on the file of the II Additional District Court, Puducherry. He further submitted that the petitioner is in custody from 07.12.2023 and he is ready to abide by any stringent conditions that may be imposed by this Court. He also submitted that the petitioner 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 Public Prosecutor (Puducherry) appearing for the respondent submitted raised objection stating that since the petitioner, who is an accused facing trial in S.C.No.56 of 2016, pending on the file of the II Additional District Court, Puducherry, 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 07.12.2023. He also submitted that witnesses 1 to 31 were examined in chief, whereas, the accused has not cross examined the witnesses, hence, he opposed for grant of bail to the petitioner, stating that if he is released on bail, he will derail the progress of trial.

5. Considering the submissions made by the learned Public Prosecutor (Puducherry) and also considering the conduct of the petitioner, this Court is of the view of that the petitioner is derailing the progress of trial by not cross examining the witnesses, 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. 04.06.2024 ham Crl.O.P.No.12733 of 2024 https://www.mhc.tn.gov.in/judis