Hariharpatta Joshi v. The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 25.12.2023 for the alleged offence under Sections 449, 307 and 302 of I.P.C. in Crime No.1030 of 1995 on the file of the respondent police, pending trial in S.C.No.16 of 2024 on the file of Sessions Judge, Mahila Court, Chengalpattu, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 25.12.2023 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 i.e. on 28.02.2006, the learned Judge ordered non-bailable warrant against the petitioner, thereby he was detained under PT warrant on 25.12.2023 on execution of nonbailable warrant. He would submit that he is in jail from 25.12.2023 and this is the second petition seeking for bail before this court. Hence, he

prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner has committed murder of mother-in-law and the case is of the year 2009 and he was long absent for more than twelve years and thereafter, after hectic efforts, he was secured only on 25.12.2023. He would further submit that now the case is in partheard stage, but waiting for getting property from jurisdictional magistrate at Alandur. He would also 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 he committed murder of his mother-in-law and he was secured only after lapse of twelve years and considering the fact that if he is released on bail, there is possibility of hampering the investigation and tampering the witnesses and the fact that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal

Original Petition is dismissed. However, the Judicial Magistrate, Alandur is directed to send the case property immediately to the Sessions Judge, Alandur, failing which, he will be viewed seriously. On receipt of case property, the Sessions Judge, Alandur is directed to complete the trial and dispose the case as early as possible.

22.08.2024 rpp Copy to The Judicial Magistrate, Alandur.

T.V.THAMILSELVI, J.

rpp 22.08.2024