Waheerdur Rahaman v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.24668 of 2021 WAHEERDUR RAHAMAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CBCID OF POLICE, CHENNAI.

(CRIME NO.1 OF 2015) For Petitioner : M/S.N.ANANDAN 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 14.11.2021 for the offences under Sections 420 and 489(b) of IPC, in Crime No.1 of 2015, on the file of the respondent police, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested on 14.11.2021 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 2015 and the petitioner was regularly appearing before the Court and he was not aware of the NBW issued against him and the petitioner was arrested on 14.11.2021 and he has been suffering incarceration for 24 days from 14.11.2021. 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 petitioners.

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4. The learned Government Advocate (Crl. Side) raised strong objection stating that the case is now pending in P.R.C.No.8 of 2017 and the petitioner was absconding for more than 6 years and if the petitioner is released on bail, there is every possibility of the petitioner getting abscond and thereby, the trial would be stalled.

5. It is seen that the petitioner is arrayed as A5 and the overt-act against the petitioner is that he has abetted circulation of counterfeit currencies for which, he has received a sum of Rs.3,40,000/- and the case is now pending in P.R.C.No.8 of 2017 and that the petitioner has been secured after a period of 6 years by the Special Tem. Hence, this Court is of the opinion that if the petitioner is released on bail, there is every possibility of the petitioner getting abscond and thereby, the trial would be stalled. Therefore, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 17/12/2021 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, CBCID OF POLICE, EGMORE,CHENNAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.N.ANANDAN Advocate on payment of necessary charges SR.NO.15128 CRL OP.24668/2021 Date :17/12/2021 CSK 29/12/2021 https://hcservices.ecourts.gov.in/hcservices/