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Madras High CourtCRL OP/16251/2024dismissed

Ragu @ Ragunathan v. The State Rep.By

2024-07-10Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 04.07.2023 for the alleged offence under Sections 120(b), 302 @ 109, 341, 364, 302 and 201 of I.P.C. in Crime No.143 of 2009 on the file of the respondent police, pending trial in P.R.C.No.1 of 2011 on the file of Judicial Magistrate No.II, Ulundurpet, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 04.07.2023 pursuant to the non-bailable warrant issued against him.

3. The learned counsel appearing for petitioner would submit that due to absence of petitioner on the date of hearing, the learned Judge ordered non-bailable warrant against the petitioner, thereby he was detained under PT warrant on 04.07.2023 on execution of non-bailable warrant. He

would submit that he is in jail from 04.07.2023 for more than 13 months and the petitioner is suffering from T.B. Hence, he prayed to grant interim bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is having 17 previous cases, in which four cases are registered under Sec.302 of I.P.C. and as per the final report, he along with other hooligans kidnapped the deceased in a car and brutally murdered him. He would submit that he has regularly appeared before the trial court till 2022 and thereafter, he is absconding for more than two years and after hectic efforts, he was secured only on 04.07.2023. He would further submit that if he is released on bail,there is possibility of hampering the investigation and tampering the witnesses. Therefore, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and as per the final report, the petitioner along with other accused joint together, kidnapped the deceased in a car and brutally murdered him and the fact that

he absconded for two years and only on 04.07.2023 he was secured and considering the fact that he is a notorious person and having 17 previous cases, in which four cases registered under Sec.302 I.P.C. and the fact that if he is released on bail, there is possibility of hampering the investigation and tampering the witnesses, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, since the case is pending from the year of 2011, the trial court is directed to complete the trial and dispose the same within a period of three months from the date of receipt of copy of this order. If at all, any medical complication to T.B., the jail authorities are directed to provide specialised treatment for T.B. to the petitioner.

10.07.2024 rpp

T.V.THAMILSELVI, J.

rpp 10.07.2024