Venkadesan @ Thiruppathi Balaji v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Second day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.25243 of 2021 S.C.NO.14 OF 2012 (ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, TIRUVANNAMALAI) VENKADESAN @ THIRUPPATHI BALAJI [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE TIRUVANNAMALAI TOWN POLICE STATION, TIRUVANNAMALAI DISTRICT.

(CRIME NO.1051/2012) For Petitioner : M/S C.PRABAKARAN 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 07.12.2021 for the offences under Section 147, 148, 341, 324, 302 of IPC and 25 (1) (A) of Arms Act, in Crime No.1051 of 2012, on the file of the respondent police, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 17.12.2021 through P.T. Warrant on execution of non bailable warrant.

3. The learned counsel for the petitioner would submit that admitted the case in S.C.No.14 of 2014 had been posted on 21.12.2020 for framing of charges and that the petitioner was unable to appear before the Court due to the incarceration in another case at the relevant point of time and that he was detained under Act 14 of 1982. Hence, the learned Sessions Judge issued non bailable warrant against https://hcservices.ecourts.gov.in/hcservices/

the petitioner following which, the petitioner was arrested in this case on 17.12.2021 through P.T. Warrant on execution of non bailable warrant. He would further submit that the petitioner undertakes to cooperate for the trial and would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) raised strong objection stating that the petitioner is also involved in another case and he has been arrested in this case through P.T. Warrant on execution of non bailable warrant and if he is released on bail, there is every possibility of the petitioner getting abscond and thereby, the trial proceedings would get stalled.

5.It is seen that the Sessions Case is of the year 2014 and the petitioner is already involved in another case and if he is released on bail, there is every possibility of the petitioner getting abscond and thereby, 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/- 22/12/2021 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 PRINCIPAL DISTRICT AND SESSIONS JUDGE, TIRUVANNAMALAI.

2 THE INSPECTOR OF POLICE TIRUVANNAMALAI TOWN POLICE STATION, TIRUVANNAMALAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

CC to M/S C.PRABAKARAN Advocate on payment of necessary charges CRL OP.25243/2021 Date :22/12/2021 TA-05/01/2022 https://hcservices.ecourts.gov.in/hcservices/