Masthan v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 28.12.2020 for the alleged offence under Section 5 of Explosive Substances Act, 1908 in Crime No.414 of 2016 on the file of the respondent police pending trial in S.C. No.125 of 2021 on the file of learned Principal District Judge, Villupuram, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested on 28.12.2020 pursuant to the non-bailable warrant issued against him.

3. The learned counsel appearing for petitioner would submit that the petitioner was earlier granted bail and thereafter, he was regularly appearing before the trial Court. On 19.02.2021, he was unable to appear before the Court, since he was arrested in connection with another case in Crime No.590 of 2017 and subsequently, on 19.02.2021 the P.T. Warrant

was issued. He would submit that he is an innocent person and he has been falsely implicated in this case. He would submit that he has not at all committed any offence and he is ready to abide any condition that may be imposed by this court. He would submit that he is ready to appear before the Court regularly and to co-operate for the trial. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that as he was not appeared on the date of hearing i.e. on 19.02.2021, the learned Magistrate issued PT warrant and subsequently, the petitioner was arrested on 28.12.2020 on execution of PT warrant. He would further submit that totally, there are 7 accused involved in this case and there are 5 previous cases including 2 murder cases pending against the petitioner. He would submit that now the trial is pending and the case is posted for framing charges. He would submit that they will complete the trial within three months. Hence, if he is released on bail, there is possibility of hampering the investigation. Therefore, he vehemently opposed to grant bail to the petitioner.

5. On seeing the facts, it is seen that trial is pending and the case is posted for framing charges. Therefore, on considering the above facts and circumstances and now there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, the trial court is directed to complete the trial and dispose the case within a period of three months from the date of receipt of copy of this order. 20.12.2022 rpp

T.V.THAMILSELVI, J.

rpp 20.12.2022