Madras High CourtCRL OP/24294/2021dismissed

Bhaskaran v. The State Represented By

2021-12-16Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.24294 of 2021 BHASKARAN [ PETITIONER / ACCUSED ] Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MEENSURUTI POLICE STATION, ARIYALUR DISTRICT.

CR.NO.130/2008.

For Petitioner : M/S.N.NANMARAN 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 case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 08.11.2021 for the offences under Sections 147, 148, 120B, 307, 302, 326, 201 read with Section 302 of I.P.C. , in Crime No.130 of 2008, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested on 08.11.2021 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 2008 and the petitioner was regularly appearing before the Court. Thereafter, due to health issues, he was unable to appear before the Court and thereby, the learned Judge ordered Non Bailable Warrant against the petitioner on 02.11.2021 following which, the petitioner was arrested on 08.11.2021 and that he has been suffering incarceration for more than 35 days from 08.11.2021. He further 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. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl. Side) raised objection stating that the Sessions Case is of the year 2013 and the petitioner is arrayed as A8 in this case wherein 5 persons have been murdered and that he is not cooperating for the trial proceedings and that already there is a direction by this Court in W.P.No.13655 of 2021 dated 02.07.2021 to complete the trial within a period of 3 months. But the defence is dragging the trial proceedings purposefully. Hence, if the petitioner is released on bail, there is every possibility of the petitioner getting abscond and the trial would get stalled.

5.Considering fact that already there is a direction by this Court in W.P.No.13655 of 2021 dated 02.07.2021 to complete the trial within certain period. However, the petitioner has not cooperated for the trial and if the petitioner is released on bail, he may abscond and the trial proceedings would be stalled. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly this Criminal Original petition is dismissed.

-sd/- 16/12/2021 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 INSPECTOR OF POLICE, MEENSURUTI POLICE STATION, ARIYALUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

CC to M/S.N.NANMARAN Advocate on payment of necessary charges CRL OP.24294/2021 Date :16/12/2021 TA-04/01/2022 https://hcservices.ecourts.gov.in/hcservices/