Mani @ Manikandan v. State Rep.By

G.CHANDRASEKHARAN, J.

The petitioner, who was arrested and remanded to judicial custody on 11.07.2023 for the offences punishable under Sections 294(b), 324, 307 r/w 34 of IPC in PRC.No.16 of 2016 on the file of on the file of the learned Judicial Magistrate, Tiruvarur in Crime No.452 of 2014 on the file of the respondent police, seeks bail.

2. It is the submission of the learned counsel for the petitioner that petitioner has not received the summons in PRC.No.16 of 2016 pending on the file of the learned Judicial Magistrate, Tiruvarur. That is the reason for him to not appear before the Court. He is in judicial custody from 11.07.2023. Thus, he seeks bail.

3. In response, the learned Additional Public Prosecutor submitted that this Crime relates to 2014 and was registered for the offences under Sections 294(b), 324, 307 r/w 34 of IPC. After filing final report, this Case was taken on file in PRC.No.16 of 2016. Since the petitioner has not appeared before the court, NBW was issued against the petitioner on 03.04.2018. Petitioner has not taken

any steps for recalling NBW. He was arrested only on 11.07.2023. While NBW was pending against him, he has involved in the following three cases, Crime No.

Offences under Sections 100/2016 147, 148, 294(b), 307 and Arms Act.

PT - 28/2021 226/2018 294(b), 352, 506(ii) IPC 1515/2020 302 IPC - PT (PRC 01/2021) Thus, he strongly opposed for the release of the petitioner on bail.

4. In light of the facts submitted by the learned counsel appearing for the parties, that PRC.No.16 of 2016 is pending for more than 7 years without any progress and that petitioner has committed the aforesaid offence while NBW was pending against him, this Court is of the view that releasing of the petitioner on bail is not just and appropriate.

5. In this view of the matter, this Criminal Original Petition is dismissed.

25.09.2023 mpl

G.CHANDRASEKHARAN, J.

mpl .

25.09.2023