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Madras High CourtCRL OP/24184/2024dismissed

A.Mubarak v. The Inspector Of Police

2024-10-03Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.24184 of 2024 CRL.O.P.No.24184 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 04.06.2024 for the alleged offence under Sections 450, 302, 380 r/w 34 IPC in Crime No.2622 of 2014 on the file of the respondent police, pending trial in S.C.No.142 of 2016 on the file of the Additional District Judge, Chengalpattu, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 04.06.2024 (90 days) pursuant to the nonbailable warrant issued against him.

3. The learned counsel appearing for the petitioner would submit that as he met with an accident, he unable to attend the hearing before the trial Court and due to absence of the petitioner on the date of hearing i.e. on 20.06.2017, the learned trial Judge ordered non-bailable warrant against the petitioner, thereby he was detained under PT warrant on 04.06.2024 on execution of non-bailable warrant and he is in jail from 04.06.2024 (90 days). Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for respondent would submit that the petitioner is absconded for more than 1/2 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.24184 of 2024 T.V.THAMILSELVI, J.

rna seven years and thereafter, after hectic efforts, he was secured only on 04.06.2024. He would further submit that totally there are four accused involved in this case, in which the petitioner is arrayed as A2. He would submit that now the trial was commenced and the case is posted for framing of charges, at this stage, if he is released on bail, there is possibility of hampering the investigation and tampering the witnesses. Therefore, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the fact that after seven years, he was secured and now the trial was commenced and the case is posted for framing of charges and the fact that if at this stage, he is released on bail, he may abscond and there is possibility of hampering the investigation and tampering the witnesses, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

03.10.2024 rna CRL.O.P.No.24184 of 2024 2/2 https://www.mhc.tn.gov.in/judis