← Library
Madras High CourtCRL OP/19269/2024dismissed

Sankar @ Auto Sankar v. State Rep

2024-08-29Honourable Mrs Justice T.V.Thamilselvi3 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 07.12.2023 for the alleged offence under Sections 449, 324, 302 of I.P.C. in Crime No.30 of 2016 on the file of the respondent police, pending trial in S.C.No.56 of 2016 on the file of II Addl. District Judge, Puducherry, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 07.12.2023 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, the learned Judge ordered non-bailable warrant against the petitioner, thereby he was detained under PT warrant on 07.12.2023 on execution of non-bailable warrant. He would submit that he is in jail from 07.12.2023 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 more than nine hearings, he was absent and continuously, the petitioner is in the habit of absconding and thereafter, after hectic efforts, he was secured only on 07.12.2023. 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 the fact that he is in the habit of absconding continuously and after hectic efforts, he was secured and considering 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, the trial court is directed to complete the trial and dispose the case within a period of four months without giving unnecessary adjournment from the date of receipt of copy of this order.

29.08.2024 rpp

T.V.THAMILSELVI, J.

rpp 29.08.2024