Madras High CourtCRL OP/16557/2021dismissed

Raja v. State Rep By

2021-09-09Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Ninth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16557 of 2021 IN S.C.NO.12 OF 2012 (On the file of the III Additional and Sessions Judge, Salem) RAJA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, HASTHAMPATTY POLICE STATION, SALEM DISTRICT. CRIME NO. 356 OF 2010.

For Petitioner : M/S. B.VASUDEVAN Advocate For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested on 22.09.2020 for the offence under Sections 147, 148, 302 @ 120(B), 148, 302 r/w.120(B), 212 of I.P.C. in Cr.No.356 of 2010 on the file of the respondent police, seeks bail.

2.It is the case of the prosecution that the petitioner was implicated for the offence under Sections 147, 148, 302 @ 120(B), 148, 302 r/w.120(B), 212 of I.P.C. of I.P.C. Subsequently, the petitioner was enlarged on bail. When the case was posted for hearing he did not appear before the Court. Accordingly, the lower Court issued Non Bailable Warrant against the petitioner on 05.12.2019 for his non appearance and he was secured on 22.09.2020. 3.The learned counsel appearing for the petitioner would submit that already the petitioner was enlarged on bail by the concerned lower Court, however, his non appearance before the lower Court is neither willful nor wanton, he was unable to appear before the lower Court. Hence, Non Bailable Warrant was issued against the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) would submit that the petitioner is a history sheeted accused and there are thirteen previous cases as against the petitioner and would further submit that there is no progress in the trial of the case and vehemently opposed for grant of bail to the petitioner.

5.Considering the fact that the petitioner is a history sheeted accused and since there are thirteen previous cases as against the petitioner, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. -sd/- 09/09/2021 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 III ADDITIONAL DISTRICT AND SESSIONS JUDGE, SALEM 2 INSPECTOR OF POLICE, HASTHAMPATTY POLICE STATION, SALEM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, SALEM CC to M/S. B.VASUDEVAN Advocate on payment of necessary charges CRL OP.16557/2021 Date :09/09/2021 RVR 14/09/2021 https://hcservices.ecourts.gov.in/hcservices/