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Madras High CourtCRL OP/15223/2020dismissed

Kiran @ Kirankumar v. State Rep By The Insepctor Of Police

2020-09-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.09.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.15223 of 2020 Kiran @ Kirankumar ... Petitioner Vs.

The State Represented by, The Inspector of Police, Denkanikottai Police Station, Krishnagiri District.

(Crime No.50 of 2008) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in P.R.C. No.20 of 2010, pending committal on the file of the learned Judicial Magistrate, Denkanikottai, Krishnagiri District. For Petitioner : Mr. E. Kannadasan For Respondent : Mr. T. Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 15.06.2020 for the offences punishable under Sections 395 read with 394 and 109 IPC, in Crime No.50 of 2008 in PRC.No.20 of 2010 on the file of the respondent police, seeks bail.

2. It is a case of jumped bail. The learned counsel appearing for the petitioner would submit that this is third application for bail and the earlier petition was dismissed by this Court on 17.08.2020 vide Crl.O.P.No.11312 of 2020 and the petitioner has been suffering incarceration from 15.06.2020. Hence, he prays for grant of bail.

3. The learned Government Advocate (Crl. Side) would submit that very recently on 22.09.2020, the case has been committed to Sessions and the next hearing is on 24.10.2020. She would submit that with very great difficulty, the petitioner has been arrested by the respondent on 15.06.2020 and if bail is granted to the petitioner, there is every possibility that he would abscond and it would derail the progress of the trial. Hence, she vehemently opposed for grant of bail.

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4. Taking into consideration the fact that it is case of the year 2008 and the petitioner had been absconding for more than 10 years and taking into consideration the reasons stated in the earlier dismissal order i.e. Crl.O.P.No.11312 of 2020 dated 17.08.2020 and there is no change in the circumstances, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dimisssed for the present.

-sd/- 28/09/2020 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 JUDICIAL MAGISTRATE, DENKANIKOTTAI, KRISHNAGIRI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, DENKANIKOTTAI POLICE STATION, KRISHNAGIRI DISTRICT.

CC to M/S. E.KANNADASAN Advocate on payment of necessary charges CRL OP.15223/2020 Date :28/09/2020 cs 07/10/2020 https://hcservices.ecourts.gov.in/hcservices/