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Madras High CourtCRL OP/27622/2024dismissed

Amol Bala Saheb Shinde v. State Rep By Its

2024-11-13Honourable Mr Justice A.D.Jagadish Chandira4 pages

Crl.O.P.No.27622 of 2024 A.D.JAGADISH CHANDIRA, J.

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 08.05.2024 pursuant to the nonbailable warrant issued against him on 14.09.2021, seeking bail in C.C.No.3188 of 2021 pending on the file of the learned XIII Metropolitan Magistrate, Egmore, Chennai, in connection with Crime No.16 of 2020 registered for the offence under Section 393 IPC.

2. Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in C.C.No.3188 of 2021 pending on the file of the XIII Metropolitan Magistrate Court, Egmore, Chennai. He further submitted that since the petitioner was arrested in some other case, he was unable to appear before the trial Court on 14.09.2021, thereby, the trial Court has issued a Non Bailable Warrant of arrest against him and pursuant to the same, he was arrested by the respondent on 08.05.2024. He also submitted that that the petitioner will appear before the trial Court on all hearing dates without fail and he would co-operate for speedy disposal of the trial. Hence, he prayed for grant of bail to the petitioner. 1/4

3. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner, who is facing trial in C.C.No.3188 of 2021 on the file of the XIII Metropolitan Magistrate Court, Egmore, Chennai, is a notorious person having more than 27 previous cases, which were registered for the very same offence under Section 392 IPC, in the States of Tamil Nadu, Kerala, Karnataka, Andhra Pradesh and Maharastra. He further submitted that in the present case, the trial Court had issued non bailable warrant in the year 2021 and the same was executed on 08.05.2024. He also submitted that there are nine witnesses in this case and the case now stands posted for examination of the Investigating Officer and therefore, if the petitioner is released on bail at this stage, there is every possibility of him absconding and derailing the progress of the trial. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Taking into consideration the facts and the submissions made by the learned Government Advocate (Criminal Side) that 27 previous cases registered on the file of police stations in various States are pending against the petitioner and 2/4

also considering the fact that the case now stands posted for examination of the Investigating Officer, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed. However, a direction issued to the learned XIII Metropolitan Magistrate, Egmore, Chennai, to complete the trial and deliver the judgment in C.C.No.3188 of 2021, as expeditiously as possible, preferably, within a period of six weeks from today. 13.11.2024 ham Note : Issue order copy today (13.11.2024) 3/4

A.D.JAGADISH CHANDIRA, J.

ham Crl.O.P.No.27622 of 2024 13.11.2024 4/4