Madras High CourtCRL OP/14797/2024dismissed

Nataraj v. The State Rep By

2024-06-25Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.14797 of 2024 T.V.THAMILSELVI, J.

The petitioner/A4, who was arrested and remanded to judicial custody on 09.05.2024, pursuant to the Non-Bailable Warrant of arrest issued against him on 11.11.2021 in P.R.C.No.31 of 2016 pending on the file of the learned Judicial Magistrate No.II, Poonamallee in connection with Crime No.283 of 2013 registered for the offences under Sections 147, 148, 341, 307 & 149 of IPC, seeks bail.

2. Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in P.R.C.No.31 of 2016 pending on the file of the learned Judicial Magistrate No.II, Poonamallee. He further submitted that since the respondent wantonly mentioned that the accused was absconded in the charge sheet, summons were not served on him, therefore, he was failed to appear before the trial Court and he was not aware of the non-bailable warrant of arrest issued against him. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and therefore, he prayed for grant of bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent submitted raised objection stating that since the petitioner, who is arrayed as A4 in this case, failed to appear before the trial Court, a non-bailable warrant was issued against him and pursuant to which, he was secured only on 09.05.2024 and he was having five previous cases, therefore, if he is released on bail, there is a possibility of him absconding again and will not available for trial. Hence, he raised objection for allowing the petition.

https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

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4. Taking into consideration the facts and circumstances of the case, the submissions made by the learned Government Advocate (Crl.Side) and also considering the conduct of the petitioner, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, the Criminal Original Petition stands dismissed. 25.06.2024 ham Crl.O.P.No.14797 of 2024 https://www.mhc.tn.gov.in/judis