Periyasamy v. State By Inspector Of Police

A.D.JAGADISH CHANDIRA, J.

This criminal original petition has been filed seeking to enlarge the petitioner herein on bail in S.C.No.50 of 2008 on the file of the learned Additional District and Sessions Judge, Chengalpattu in connection with the Crime No.183 of 2002, on the file of the respondent Police.

2. The learned counsel for the petitioner would submit that the petitioner is an accused facing trial in S.C.No.50 of 2008 on the file of the learned Additional District and Sessions Judge, Chengalpattu. He would further submit that since, the petitioner did not appear before the trial Court, on account of Covid, a Non Bailable Warrant was issued against him and pursuant to which, the petitioner was arrested and remanded to judicial custody on 14.04.2022 for the alleged offence under Sections 460, 396 r/w 397 & 302 IPC and he is in custody for more than 5 months and hence, he prays for grant of bail to the petitioner.

3. Per contra, the Learned Government Advocate (Crl.Side) appearing for the respondent produced the counter filed by the respondent Police. Further, the learned Government Advocate (Crl.Side) would submit that it is the case of the year 2002 and the accused got absconded, thereby, causing delay in trial from the year 2008. He would further submit that the Non Bailable Warrant is pending from the year 2009 and on execution of the same he was arrested on 14.04.2022. He would also submit that the case is now stands posted for framing of charges and he would strongly object that if the bail is granted to the petitioner at this stage, there is every possibility of the petitioner to abscond and it would also derail the trial. He would further submit that once the charges have been framed, the respondent will complete the trial as expeditiously as possible and hence, he vehemently oppose for grant of bail to the petitioner.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) that the case is of the year 2002, which is taken up on the file of the learned Additional District and Sessions Judge, Chengalpattu in S.C.No.50 of 2008 and it is now posted for framing of charges and also considering the fact that the case is pending for nearly 20 years, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed.

26.09.2022 ham

A.D.JAGADISH CHANDIRA, J.

ham 26.09.2022