Bijoy Nayak v. State Rep By
T.V.THAMILSELVI, J.
The petitioners, who were arrested and remanded to judicial custody on 21.01.2022 for the alleged offence under Sections 147, 148, 341, 302 r/w Sec.149 of I.P.C. in Crime No.3233 of 2015 on the file of the respondent police, pending trial in S.C.No.97 of 2016, on the file of Addl. District and Sessions Judge, Chengalpattu, seeks bail.
2. It is a case of jumped bail. The petitioners were arrested and remanded to judicial custody on 21.01.2022 pursuant to the non-bailable warrant issued against them.
3. The learned counsel appearing for petitioners would submit that the petitioners were earlier granted bail and thereafter, they are regularly appearing before the trial Court. Due to Covid-19 pandemic, they are unable to appear before the Court and they are residing at Assam and their likelihood at their native place only. Accordingly, the learned Magistrate
ordered non-bailable warrant against the petitioners, thereby they were detained under PT warrant on 21.01.2022 on execution of non-bailable warrant. He would submit that this is the third petition seeking for bail and they are in jail from 21.01.2022. Hence, he prayed to grant bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioners were arrested on 21.01.2022 on execution of PT warrant. He would further submit that now the trial is in progress and all the witnesses are examined and they would complete the trial within a month. Hence, if they are released on bail, there is possibility of hampering the investigation and tampering witnesses. Therefore, he vehemently opposed to grant bail to the petitioner.
5. On seeing the facts, it is seen that now the trial is in progress and already all the witnesses were examined, however, learned counsel for petitioners submitted that the petitioners are in custody for the past 12 months. 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 petitioners. 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.
02.01.2023 rpp
T.V.THAMILSELVI, J.
rpp 02.01.2023