Sudhakar v. State Rep By

A.D.JAGADISH CHANDIRA , J.

The criminal original petition has been filed seeking to enlarge the petitioner herein, who was arrested and remanded to judicial custody on 20.09.2022, on bail in S.C.No.117 of 2020 on the file of the learned XVIII Additional City Civil Court, Chennai in connection with the Crime No.515 of 2020 registered for the offence punishable under Sections 147, 148, 302, 324, 506 (ii) r/w 149 IPC, on the file of the respondent Police.

2. The learned counsel for the petitioner submitted that the petitioner is an accused facing trial in S.C.No.117 of 2020 pending on the file of the learned XVIII Additional City Civil Court, Chennai. He further submitted that the petitioner has been regularly appearing before the Court and since the petitioner was arrested in some other case, he was unable to appear before the Court, due to which, a Non Bailable Warrant was issued against him on 12.08.2021 and thereby, pursuant to the Non-

Bailable Warrant, he was arrested on 20.09.2022 and he is in custody for more than 50 days and hence, he prayed to grant bail to the petitioner.

3. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner, who is a habitual offender, had earlier absconded during the year 2020 and later, produced on PT warrant and thereafter, was appearing for sometime and again on 12.08.2021, he did not appear before the Court, due to which, a NonBailable Warrant was issued against him and pursuant to the same, he was arrested on 20.09.2022. He also stated that there are 5 accused in this case, out of which two of them have passed away and the remaining three accused are facing trial in S.C.No.117 of 2020. He further submitted that there are 23 witnesses in this case and the case now stands posted for framing of charges on 16.11.2022. He also submitted that taking into consideration the conduct of the petitioner, it is not conducive to grant bail to the petitioner and hence he opposed for grant of bail to the petitioner.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials avaialble on record.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel and taking note of the fact that the case is now ripe for framing of charges, this Court is not inclined to grant bail to the petitioner at the present.

6. Accordingly, the Criminal Original Petition stands dismissed for the present.

15.11.2022 ham

A.D.JAGADISH CHANDIRA , J.

ham 15.11.2022