Thiyagarajan v. State Rep.By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Ninth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.23925 of 2021 IN S.C.NO.324 of 2017 (On the file of Sessions Judge, Magalir Neethimandram) THIYAGARAJAN [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, J6 TIRUVANMIYUR POLICE STATION CHENNAI CRIME NO.2298 OF 2017 For Petitioner : M/S. A. MANIKANDAN Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 26.08.2021 for the offences under Sections 379, 302 r/w 34 of IPC, in Crime No.2298 of 2017, seeks bail.
2. It is a case of jumped bail. The petitioner was arrested on 26.08.2021 pursuant to the Non Bailable Warrant issued against him.
3. The learned Counsel for the petitioner submitted that it is the case of the year 2017 and he was regularly appearing before the Court. Thereafter, the petitioner due to health issues, he was unable to appear before the Court and thereby, the learned Judge ordered Non Bailable Warrant against the petitioner following which, the petitioner was arrested on 26.08.2021 and that he has been suffering incarceration for more than three months from 26.08.2021. He further https://hcservices.ecourts.gov.in/hcservices/
submitted that the petitioner is prepared to appear regularly before the trial Court and to co-operate for the trial. Hence, he seeks for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) raised objection stating that this is the case is of the year 2017 and the petitioner has got 6 previous cases. He further submits that there was a direction by the Hon'ble High Court on 15.03.2019 to dispose of the case within three months, due to the long absence of the petitioner, the trial court was not able to conduct trial and and if the petitioner is released on bail, there is every possibility that the petitioner getting abscond and the trial would get stalled. 5.Considering the above submissions made by the learned Government Advocate (Crl. Side) and the antecedents against the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly this Criminal Original petition is dismissed. -sd/- 09/12/2021 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 SESIONS JUDGE, MAGALIR NEETHIMANDRam, CHENNAI 2 THE INSPECTOR OF POLICE, J6 TIRUVANMIYUR POLICE STATION CHENNAI 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. A. MANIKANDAN Advocate on payment of necessary charges SR.NO.14570 CRL OP.23925/2021 Date :09/12/2021 JPA 04/01/2022 https://hcservices.ecourts.gov.in/hcservices/