Saranraj v. The Inspector Of Police

Crl.OP.No.27212 of 2023 Crl.O.P.No.27212 of 2023 C.V.KARTHIKEYAN, J.

The petitioner/A15 in Crime No.286 of 2013 registered under Sections 147, 148, 294(b), 341, 324, 326, 427, 506(ii) and 307 of IPC, seeks bail.

2.There were totally 24 accused in this case. It is stated that one after the other, the accused took upon themselves to abscond from the judicial process. This petitioner similarly absconded on 24.10.2019, when Non Bailable Warrant was issued. He was secured only on 15.09.2023 for nearly after four years. There could be no progress in committal of the case. Finally, charge sheet was filed and after committal, taken on record in S.C.No.70 of 2023 on the file of the Assistant Principal Sessions Court, Cuddalore. Since this petitioner was absconding, the case against him was split up and S.C.No.181 of 2023 had been assigned. It is however stated that A1 is still absconding. The trial can never proceed or even commence in the absence of all the accused. 3.

The learned counsel for the petitioner stated that since the petitioner is an single accused in S.C.No.181 of 2023, bail could be considered. Since it is a split up case, during the course of evidence, the trial will have to be conducted simultaneously after all the accused are available. Trial cannot be conducted against this petitioner independently and as a mother case/ S.C.No.70 of 2023 will have to proceed first and thereafter, the split up case will have to be taken up for trial. 1/2 https://www.mhc.tn.gov.

Crl.OP.No.27212 of 2023 C.V.KARTHIKEYAN, J.

vkr 4.In view of the long period, during which, the petitioner was absconding and the affinity of all the accused to absent themselves continuously, this Court is not inclined to grant bail to the petitioner.

5. Hence, this Criminal Original Petition stands dismissed. 01.12.2023 vkr Crl.O.P.No.27212 of 2023 2/2 https://www.mhc.tn.gov.in/judis