Kaviyarasan v. The State Rep By

A.D.JAGADISH CHANDIRA, J., Petition seeking bail in respect of S.C.No.31 of 2024 pending on the file of the District and Sessions Judge, Mayiladuthurai, in connection with Crime No.57 of 2021 registered for the offences punishable under Sections 6 read with Section 5(1) of POCSO Act, 2012 is on board for consideration

2. Learned counsel appearing for the petitioner submitted that the petitioner is facing trial in S.C.C.No.31 of 2024, pending on the file of the learned District and Sessions Judge, Mayiladuthurai, for the offences under Sections 6 read with Section 5(1) of POCSO Act. He further submitted that the petitioner has been regularly appearing before the trial Court on all hearing dates, while so, due to illness, he was unable to appear before the trial Court on 25.04.2024, thereby, a Non Bailable Warrant was issued, and the petitioner was formally arrested on 28.09.2024. He also submitted that the petitioner is ready to appear before the trial Court and and also he is ready to co-operate for speedy disposal of the trial. Hence, he prays for grant of anticipatory bail to the petitioner.

1/3

3. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner has been absconding from 25.04.2024 and with great difficulty, the respondent police has arrested the accused and the case is now stands posted for arguments and at this stage, if the petitioner is released on bail, 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, 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. 10.12.2024.

Sma 2/3

A.D. JAGADISH CHANDIRA. J., Sma 10.12.2024 3/3