Raja @ Rajarathinam v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.11.2020 CORAM :

THE HON'BLE Mr. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.17745 of 2020 Raja @ Rajarathinam .. Petitioner Vs.

The State rep. by The Inspector of Police, Anupparpalayam Police Station, Tiruppur, (Crime No.623 of 2014) .. Respondent Prayer: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code, to release the petitioner in connection with Non Bailable Warrant issued against him in S.C.No.24 of 2020 on the file of the learned Principal District Judge, Tiruppur. For Petitioner : Mr.P.Rajkumar For Respondent : Mr.T.Shumugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioner has been arrested pursuant to the Non Bailable Warrant issued by the learned Principal District Judge, Tiruppur in S.C.No.24 of 2020 in Crime No.623 of 2014 for the offence punishable under Section 364, 302, 379 and 201 r/w 109 IPC. The Non Bailable Warrant was issued by the Court on 23.12.2019 and the same was executed on 04.03.2020.

2.The learned counsel appearing for the petitioner would submit that this the second bail application. He would submit that earlier bail application in Crl.OP.No.14862 of 2020 was dismissed on 23.09.2020 He would submit that the petitioner is in custody from 04.03.2020.

3. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that it is a case of murder for gain. He would further submit that the petitioner belongs to Dindigul District and the case was committed within the jurisdiction of Tiruppur District. The case in S.C.No.24 of 2020 was posted for furnishing copies, the petitioner did not appear before the Trial Court on that day, hence, the Trial Judge had issued NBW against him on 23.12.2019 and with great difficulty, the warrant was executed on 04.03.2020. She would further submit that the petitioner has involved in 10 previous cases like theft, house breaking and robbery. When that being the position, if the petitioner is enlarged on bail, there is every chance of the petitioner getting absconded and the progress of https://hcservices.ecourts.gov.in/hcservices/

the trial will be derailed. He would further submit that this is the second bail application and the earlier bail application filed by the petitioner was dismissed by this Court vide order dated 23.09.2020 in Crl.O.P.No.14862 of 2020 and there is no change of circumstances. He would submit that the petitioner, apart from this case has got 10 previous cases viz., (1) Cr.No.402/2017 for the offences U/s 341, 392, 397, 506(ii) of IPC (SC.143/2019) (2) Cr.No.392/2017 for the offences u/s 457, 380 of IPC (CC.No.59/2018), (3) Cr.No.391/2017 for the offence u/s 457, 380 of IPC (C.C.No.51/2018), (4) Cr.No.383/2017 for the offence u/s 457 & 380 of IPC (C.C.No.58/2018), (5) Cr.No.227/2017 for the offence u/s 454, 457 & 380 of IPC (C.C.No.29/2018), (6) Cr.No.224/2017 for the offence u/s 457 & 380 of IPC (C.C.No.57/2018), (7) Cr.No.

378/2018 for the offence u/s 397 of IPC (SC.No.17/2019), (8) Cr.No.377/2018 for the offence u/s 457 & 380 of IPC (C.C.No.8/2019), (9) Cr.No.872/2019 for the offence u/s 457 & 380 r/w 394 of IPC, (10) Cr.No.319/2019 for the offence u/s 380 of IPC and at this stage, if bail is granted to the petitioner, there is every possibility for absconding.

4.In the light of the above submission made by the learned Government Advocate (Crl. Side) and considering the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

5.This Criminal Original Petition stands dismissed accordinlgy. -sd/- 10/11/2020 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 PRINCIPAL DISTRICT JUDGE, TIRUPPUR 2 THE SUPERINTENDENT, CENTRAL JAIL, COIMBATORE.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS. 4 THE INSPECTOR OF POLICE, ANUPPARPALAYAM POLICE STATION,TIRUPPUR.

CC to RAJKUMAR P Advocate on payment of necessary charges CRL OP.17745/2020 Date :10/11/2020 RVR 23/11/2020 https://hcservices.ecourts.gov.in/hcservices/