Jayaseelan v. Inspector Of Police

Crl.O.P.No. 32701 of 2022 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 26.07.2022 for the alleged offence under Sections 392 of I.P.C. r/w Sec.397 of I.P.C. in Crime No.117 of 2010 on the file of the respondent police, pending trial in S.C.No.93 of 2022 on the file of learned Assistant Sessions Judge, Ponneri, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 26.07.2022 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 was regularly appearing before the trial court. However, the petitioner was doing coolie work and for searching of avocation, he went to other District for construction and after that, he was in ill-health. Hence, he unable to appear before the Judicial Magistrate-II,

Ponneri, Thiruvallur District for every hearing, and accordingly, due to nonappearance of the petitioner before the trial court, the learned Magistrate ordered non-bailable warrant against the petitioner in the year of 2017, thereby he was detained under PT warrant on 26.07.2022 on execution of non-bailable warrant. He would submit that he has been suffering incarceration from 26.07.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that for more than five years, he is absconding and thereafter, after hectic efforts, he was secured only on 26.07.2022. He would further submit that the criminal case registered in the year of 2010 and after securing him only, now the trial court commenced the trial. He would submit that there are 8 previous cases pending against the petitioner. 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 also considering the fact that for more than five years, he absconded and he was secured only on 26.07.2022 and after securing him only, trial is commenced by the trial court and there are eight previous cases pending against him, 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. 03.01.2023 rpp

T.V.THAMILSELVI, J.

rpp Crl.O.P.No. 32701 of 2022 03.01.2023