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Madras High CourtCRL OP/16945/2023dismissed

Karthi @ Karthikeyan v. State Rep By

2023-08-17Honourable Mrs Justice T.V.Thamilselvi3 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 19.09.2022 for the alleged offence under Sections 120(b), 148, 341, 302 IPC in S.C.No.40 of 2019 on the file of the Additional District Court, Mayiladuthurai, Mayiladuthurai District in connection with Crime No.223 of 2016 on the file of the respondent police, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested on 19.09.2022 pursuant to the non-bailable warrant issued against him.

3. The learned counsel for the petitioner would submit that this is the second petition for bail and the earlier petitions was dismissed by this Court in Crl.O.P.No.592 of 2023 on 11.01.2023. He would further submit that there is no specific overt act against the petitioner and also there is no progress in trial and the petitioner is in judicial custody from 19.09.2022. 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 five months and thereafter, he was arrested on 19.09.2022. He is not having

standard address and there are seven previous cases pending against him and another murder case was also registered against him. He would further submit that now all the witnesses were summoned and posted for examination of witnesses, if he is released on bail, there is possibility of hampering the evidence 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 now the case is posted for framing of charges and there is no change in circumstances of the case, this Court is not inclined to grant bail to the petitioner.

6. However, the trial court is directed to expedite the trial and dispose the matter as early as possible, without giving unnecessary adjournments.

7. Accordingly, this Criminal Original Petition is dismissed. 17.08.2023 rri

T.V.THAMILSELVI, J.

rri 17.08.2023