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Madras High CourtCRL OP/24119/2023dismissed

V.Isai @ Ilayaraja v. State Rep By

2023-10-18Honourable Mr Justice C.V. Karthikeyan3 pages

C.V.KARTHIKEYAN , J.

The petitioner seeks bail in S.C.No.41 of 2015 pending before the Sub-court, Gingee, for the charges framed under Section 4(1)(aaa) of Tamil Nadu Prohibition Act r/w Sections 328 & 307 of IPC.

2. It is stated that the petitioner, who is A3 had absconded from the judicial process on 11.02.2022 when Non-bailable Warrant was issued. He was secured only on 13.09.2023 after about more than 1 1⁄2 years.

3. It is also stated that A1 had died when NBW was pending against him and one of the accused had absconded and NBW is pending. The trial can never takes place. It is for all the accused to participate in the proceedings and cross-examine the witnesses for the prosecution.

4. Taking into consideration the facts and circumstances and since there is always possibility of the petitioner once again absconding and once again the police taking 1 1⁄2 years to secure the petitioner herein,

at this stage, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. 18.10.2023 ata

C.V.KARTHIKEYAN , J.

ata 18.10.2023