T.Suresh v. The State Rep. By
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 09.09.2022 for the alleged offence under Sections 392, 394 r/w 397 of I.P.C. in Crime No.350 of 2015 on the file of the respondent police, pending trial in S.C.No.228 of 2018 on the file of learned XV Addl. Sessions Court, Chennai, seeks bail.
2. It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 09.09.2022 pursuant to the non-bailable warrant issued against him.
3. The learned counsel appearing for petitioner would submit that earlier he was granted bail and he is regularly appearing before the trial court. However, on 23.08.2021 when the case is posted for hearing, he unable to attend the court, and the learned Judge ordered non-bailable warrant against the petitioner, thereby he was detained under PT warrant on 23.08.2021 on execution of non-bailable warrant. He would submit that this is the second petition seeking for bail and he is in jail from 09.09.2022.
Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are 13 previous cases pending him, due to which, earlier petition for bail was dismissed by this court. He would submit that the petitioner is absconding for more than one year and thereafter, after hectic efforts, he was secured only on 09.09.2022. He would further submit that P.W.1 to 14 were already examined and he is habitually absconding to appear before trial court during trial proceedings. He would submit that now the trial was began and it is yet to be completed. 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. Considering the facts and circumstances of the case and the fact that after one year, he was secured and P.W.1 to 14 were examined and now the case is at the stage of trial and there are 13 previous cases pending against the petitioner, 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 two months from the date of receipt of copy of this order 22.12.2022 rpp
T.V.THAMILSELVI, J.
rpp 22.12.2022