Sarathdoss @ Sori Suresh v. State Rep.By

Crl.OP.No.26953 of 2023 Crl.O.P.No.26953 of 2023 C.V.KARTHIKEYAN, J.

The petitioner /A1 in S.C.No.272 of 2021 now pending before the XXIII Additional Sessions Judge, City Civil Court, Chennai, seeks bail. 2.Originally, Crime No.721 of 2020 had been registered for the offences under Sections 302 r/w 34 of IPC.

3.The petitioner had been taken into custody and later, granted bail. There is yet another accused/A2. Both the petitioner herein and A2 had taken a decision to abscond from the trial and Non Bailable Warrant had been issued. As against the petitioner, Non Bailable Warrant was issued on 23.02.2023 and the petitioner was secured only on 28.08.2023. 4.The learned counsel for the petitioner produced a series of documents which according to him, substantiate the fact that the petitioner is suffering from paralysis.

5. These are good reasons to be produced before the concerned Court and seek recall of Non Bailable Warrant. One factor which is against the petitioner is that A2 is still absconding. The trial can never progress unless both the accused are secured. If both the accused are secured and prepare to face trial, then further consideration can be done. 6.At this stage, this Court is not inclined to grant bail to the petitioner.

1/2 https://www.mhc.tn.gov.in/judis

Crl.OP.No.26953 of 2023 C.V.KARTHIKEYAN, J.

vkr 7.Hence, this Criminal Original Petition stands dismissed. 28.11.2023 vkr Crl.O.P.No.26953 of 2023 2/2 https://www.mhc.tn.gov.in/judis