Mr.Mohanlal v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 27.05.2022 for the alleged offence under Sections 366, 354(B), 376 of I.P.C. and Sec.4 of POCSO Act in Crime No.951 of 2019 on the file of the respondent police, pending trial in S.C.No.89 of 2020 on the file of learned Special Court for Exclusive Trial of Cases under POCSO Act, Chennai, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 27.05.2021 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 on 27.02.2020 and thereafter, he went to his native place and working a coolie there. So, on 04.10.2021, he was unable to appear before the Court and due to his absence on that day, learned Judge ordered non-bailable warrant against the petitioner, thereby he was detained under PT warrant on 27.05.2022 on execution of non-

bailable warrant. 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 04.10.2021, the learned Magistrate issued PT warrant and subsequently, the petitioner was arrested on 27.05.2022 on execution of PT warrant. He would further submit that he hails from Jammu and Kashmir and after hectic efforts only, he was secured. 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 submissions made by both counsel and also considering gravity of offence committed by the petitioner, a detailed investigation is required in this case and also the fact that he hails from Jammu and Kashmir, after hectic efforts, he was secured and on considering the fact that there is possibility of tampering the witnesses and hampering the investigation, 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 four months from the date of receipt of copy of this order.

22.12.2022 rpp

T.V.THAMILSELVI, J.

rpp 22.12.2022