Kannan @ Asari Kannan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Second day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20799 of 2021 IN S.C.No.199 of 2015 (ON THE FILE OF THE HON'BLE ADDITIONAL DISTRICT (FAST TRACK) COURT, METTUR) KANNAN @ ASARI KANNAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, METTUR POLICE STATION, SALEM DISTRICT (CRIME NO.582/2021) For Petitioner : M/S S.MOHAMED ANSAR Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was remanded to judicial custody on 18.01.2021 for the offence under Sections 364, 302, 302 r/w.34 and 201 r/w.302 IPC in S.C.No.199 of 2015 on the file of the learned Additional District (Fast Track) Court, Mettur, seeks bail. 2.It is the case of the prosecution that the petitioner was facing trial for the offence under Sections 364, 302, 302 r/w.34 and 201 r/w.302 IPC in S.C.No.199 of 2015 on the file of the learned Additional District (Fast Track) Court, Mettur. When the case was posted for hearing he did not appear before the Court. Accordingly, https://hcservices.ecourts.gov.in/hcservices/

the lower Court issued Non Bailable Warrant against the petitioner for his non appearance on 18.01.2015 and he was secured on 18.01.2021.

3.The learned counsel appearing for the petitioner would submit that due to ill health, the petitioner was not able to appear before the lower Court, however, his non appearance before the lower Court is neither willful nor wanton. Hence, Non Bailable Warrant was issued against the petitioner.

4.The learned Government Advocate (Crl. Side) would submit that there are 5 previous cases as against the petitioner. 5.Considering the fact that there are 5 previous cases as against the petitioner, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. -sd/- 02/11/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE ADDITIONAL DISTRICT (FAST TRACK) COURT, METTUR.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE INSPECTOR OF POLICE, METTUR POLICE STATION, SALEM DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S S.MOHAMED ANSAR Advocate on payment of necessary charges CRL OP.20799/2021 Date :02/11/2021 RW 18/11/2021 https://hcservices.ecourts.gov.in/hcservices/