Dhanasezhiyan v. State Rep.By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 09.02.2024 for the alleged offence under Sections 341, 294(b), 323, 307, 506(ii) of I.P.C. r/w 34 of I.P.C. in Crime No.1266 of 2014 on the file of the respondent police, pending trial in S.C.No.502 of 2023 on the file of VII Addl. Sessions Judge, Chennai, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 09.02.2024 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 i.e. on 18.01.2024, the learned Judge ordered non-bailable warrant against the petitioner, thereby he was detained under PT warrant on 09.02.2024 on execution of nonbailable warrant and he was absent for only one hearing. He would submit

that he is in jail from 09.02.2024 for more than 5 months. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is absconding for more than 21 days and thereafter, after hectic efforts, he was secured only on 09.02.2024. He would submit that there are 14 previous cases pending against him including 4 cases under Sec.397 of I.P.C. and 1 case under Sec.302 I.P.C. were registered against him and now the case is posted for 313 questioning. He would also submit that there are four accused involved in this case and the petitioner is arrayed as A4. 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 the fact that there are 14 previous cases pending against him including 4 cases under Sec.397 of I.P.C. and 1 case under Sec.302 I.P.C. were registered

against him and now the case is posted for 313 questioning and considering the fact that if he is released on bail, he may abscond and 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.

19.07.2024 rpp

T.V.THAMILSELVI, J.

rpp 19.07.2024