Manickam v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.10.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Manickam S/o.Pachaimuthu ... Petitioner Vs.

State, Rep. by Inspector of Police G-5, Secretariat Colony Police Station Chennai ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in S.C.No.176 of 2019 on the file of the learned XVI Additional District Judge at Chennai.

For Petitioner : Mr.D.Jaisankar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side) 1/4

O R D E R

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 06.08.2020 for the offences punishable under Section 341, 294(b), 336, 427, 392, 397 & 506(II) IPC, in S.C.No.176 of 2019, on the file of the XVI Additional District Judge at Chennai. 2.It is a case of jumped bail.

3.The learned counsel appearing for the petitioner would submit that the petitioner is facing trial in S.C.No.176 of 2019, pending on the file of the learned XVI Additional District Judge, Chennai. He would further submit that the petitioner was unable to appear before the Trial Court on 17.10.2019, due to illness and while the petitioner was taking steps to recall the warrant, he was arrested on 06.08.2020 and remanded to judicial custody.

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4.The learned Government Advocate (Criminal Side) would vehemently oppose stating that the petitioner is facing trial in S.C.No.176 of 2019 and the case is pending for framing charges. When the case was posted on 17.10.2019 for framing of charges, the petitioner absconded and thereby the Trial Court had issued NBW and the petitioner was arrested with much difficulty and great effort. The respondent police were able to secure the petitioner only on 06.08.2020, almost after 10 months. Earlier on one occasion NBW was issued against the petitioner and the same was executed and conditional bail was also granted but the petitioner has not complied with the condition, now once again the petitioner has been arrested pursuant to the warrant after 10 months with great difficulty.

He would also submit that the petitioner has six previous cases against him and he has no permanent address and at this stage, if the petitioner is released on bail he will abscond again. 5.In the light of the above submissions so made by the learned Government Advocate, this Court is not inclined to grant bail to the petitioner.

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A.D.JAGADISH CHANDIRA, J.

kas 6.This Criminal Original Petition petition stands dismissed accordingly.

06.10.2020 kas To The Public Prosecutor High Court of Madras Chennai 600 104 4/4