Ratheesh v. State Rep.By

Crl.OP.No.15189 of 2023 G.CHANDRASEKHARAN, J.

This petition is filed to enlarge the petitioner on bail in S.C.No.312 of 2011 in Crime No.684 of 2009 pending on the file of the learned XV Additional Sessions Judge, Chennai.

2.The learned counsel for the petitioner submitted that petitioner was arrested and remanded on the basis of NBW issued against the petitioner. Petitioner is in judicial custody from 15.06.2023. His wife is pregnant in advance stage of pregnancy. Thus, he prays for bail. 3.The learned Government Advocate (Criminal side) strongly opposed this petition on the ground that case in S.C.No.312 of 2011 is pending on the file of learned XV Additional Sessions Judge, Chennai, for the offence under Section 395 r/w 341 of I.P.C. Out of eight cases three cased had been disposed and five cases are pending for trial. Petitioner is from Kerala and NBW was pending against him for one and half years. Other accused are in custody. He opposed this petition on the ground that after hectic effort, petitioner was apprehended, if he released on bail there is possibility that he 1/3

will again abscond and case cannot be disposed. G.CHANDRASEKHARAN, J.

4.Considering the submission of learned counsel for parties, especially the submission of learned Government Advocate (Criminal side) that NBW is pending against the petitioner for more than one and half years and that after hectic effort, NBW was executed, other accused are still in judicial custody, this Court finds merit in the submission of learned Government Advocate (Criminal side) that if petitioner is released on bail, there is possibility that he will again abscond and delay the completion of trial. In this view of the matter, this Court is not inclined to grant bail to the petitioner.

5.Accordingly, this Criminal Original Petition is dismissed. 10.07.2023 ep Crl.OP.No.15189 of 2023 2/3

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