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Madras High CourtCRL OP/32213/2022dismissed

Vijay @ Vijayaraj v. State Rep By

2022-12-23Honourable Mrs Justice T.V.Thamilselvi3 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 08.11.2022 for the alleged offence under Sections 202, 120(B), r/w 302, 449, 380 of I.P.C. in Crime No.1254 of 2009 on the file of the respondent police, pending trial in S.C.No.32 of 2017 on the file of XVIII Addl. Sessions Judge, Chennai, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 08.11.2022 pursuant to the non-bailable warrant issued against him.

3. The learned counsel appearing for petitioner would submit that due to non-appearance of the petitioner before the trial court on the date of hearing i.e. on 08.07.2020, the learned Judge ordered non-bailable warrant against the petitioner, thereby he was detained under PT warrant on 08.11.2022 on execution of non-bailable warrant. He would submit that he is in jail from 08.11.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that so far, ten times, the non-bailable warrant

issued against the petitioner and he is absconding for more than one year and thereafter, after hectic efforts, he was secured only on 08.11.2022. He would further submit that the criminal case registered in the year of 2009 and Sessions Case is of the year 2017, so after securing him only, the trial court has to commence the trial. 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 after one year, he was secured and after securing him only, the trial is to be commenced, 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 six months from the date of receipt of copy of this order.

23.12.2022 rpp

T.V.THAMILSELVI, J.

rpp 23.12.2022