S.Saravanakumar v. State Rep.By

A.D.JAGADISH CHANDIRA, J.

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 06.11.2024, seeking bail in Crime No.638 of 2024 for the alleged offences punishable under Section 392 r/w.397 of IPC.

2.Learned counsel for the petitioner submits that the petitioner is an accused facing trial in S.C.No.178 of 2015 on the file of the I Additional Judge (TADA), Chennai. He further submits that since the petitioner was arrested in another case, he was unable to appear before the trial Court, thereby, the trial Court has issued a Non Bailable Warrant of arrest against him and pursuant to the same, he was formally arrested on 06.11.2024. He further 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 (Criminal Side) appearing for the respondent, while objecting for grant of bail, submits that the petitioner, who is facing trial in S.C.No.178 of 2015 on the file of the I Additional Judge 1/3

(TADA), Chennai, has failed to appear before the trial Court on 14.11.2017, thereby, the trial Judge has issued a Non-Bailable Warrant of arrest against him and the same was executed only after seven years on 06.11.2024. He also submits that out of eight witnesses, seven witnesses have already been examined and the case has been posted for examination of LW8 and Investigating Officer, therefore, if he is enlarged on bail, there is every possibility of him that he may absconding and not available for trial proceedings. He further submits that the Sessions case is of the year 2015. 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, including the counter affidavit filed by the respondent, this Court is not inclined to grant bail to the petitioner.

5.Accordingly, the Criminal Original Petition stands dismissed, however, the learned I Additional Judge (TADA), Chennai is directed to complete the trial in S.C.No.178 of 2015 and pass orders within a period of two months from today.

05.12.2024 sai 2/3

A.D.JAGADISH CHANDIRA.,J.

sai Dated: 05.12.2024 3/3