Arun @ Arun Kumar v. State Rep By

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was remanded to judicial custody on 23.08.2022, pursuant to the non-bailable warrant issued against him on 29.04.2019, in S.C.No.114 of 2014, pending on the file of the Additional District & Sessions Judge, Chengalpattu, in connection with Crime No.280 of 2013 registered for the alleged offence punishable under Sections 294(b), 341, 342, 302 of IPC r/w Section 34 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 and this Court had dismissed the earlier bail application in Crl.O.P.No.9108 of 2023 dated 26.04.2023. He further submitted that the petitioner (A2), who is facing trial in S.C.No.114 of 2014, pending on the file of the Additional District & Sessions Judge, Chengalpattu, is in custody from 23.08.2022. He also submitted that the petitioner will co-operate for speedy disposal of the trial and also, he is ready to abide by any stringent

conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner (A2) facing trial in S.C.No.114 of 2014, pending on the file of the Additional District & Sessions Judge, Chengalpattu, is a habitual offender, against whom ,18 previous cases are pending. He further submitted that it is the case of the year 2013 and the petitioner was absconding from 29.04.2019 and he further submitted that the case, now stands posted for framing of charges on 26.06.2023 and therefore, if bail is granted to the petitioner at this stage, there is every possibility of him absconding, which would derail the progress of the trial. He also submitted that this is the second bail application of the petitioner before this Court and this Court had dismissed the earlier bail application on considering the previous antecedents and the period of absconding of the petitioner. Hence, he prayed for dismissal of the petition.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

5. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and taking note of the previous cases pending against the petitioner, this Court is not inclined to grant bail to the petitioner for the present.

6. Accordingly, this Criminal Original Petition stands dismissed for the present.

14.06.2023 ham

A.D.JAGADISH CHANDIRA , J.

ham 14.06.2023