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Madras High CourtCRL OP/28891/2024dismissed

Manoj Bhol @ Manojkuar Phoy v. The State Rep By Its,

2024-11-19Honourable Mr Justice A.D.Jagadish Chandira3 pages

A.D.JAGADISH CHANDIRA, J.

Petition seeking bail in respect of P.R.C.No.12 of 2016 pending on the file of the learned Judicial Magistrate, Palladam, in connection with Crime No.660 of 2015 registered for the offences punishable under Sections 147, 148, 323, 324 r/w 149 and 307 IPC is on board for consideration.

2. Learned counsel for the petitioner submits that the petitioner, who is a native of Odissa, is an accused/A2 facing trial in P.R.C.No.12 of 2016 pending on the file of the learned Judicial Magistrate, Palladam. He further submits that since the petitioner had gone to his native, he was unable to appear before the trial Court on 21.12.2018, thereby, the trial Court has issued a Non Bailable Warrant of arrest against him. Thereafter, he was arrested by the respondent Police pursuant to the non-bailable warrant on 12.10.2024. He also submits that he undertakes that the petitioner will appear before the trial Court on all hearing dates without fail and he will co-operate for speedy disposal of the trial. Hence, he prayed for grant of bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent, while objecting for grant of bail, submits that it is a case of the year 2015 and it is

pending committal in P.R.C.No.12 of 2016 before the learned Judicial Magistrate, Palladam. He further submits that the petitioner, who is arrayed as A2 in this case, is a native of Odissa and since he failed to appear before the trial Court on 21.12.2018, the trial Judge has issued a Non-Bailable Warrant of arrest against him and the same was executed on 12.10.2024. He also submits that the petitioner was secured at Odissa after six years, therefore, if he is enlarged on bail at this stage, there is every possibility of him absconding and not available for trial proceedings.

4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, taking note of the fact that the petitioner was secured after six years and also considering the conduct of the petitioner, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, the Criminal Original Petition stands dismissed. 19.11.2024 ham

A.D.JAGADISH CHANDIRA, J.

ham 19.11.2024