Surya v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Surya ... Petitioner Vs.

The State Rep. By, The Inspector of Police, E-4, Abiramapuram Police Station, Chennai.

Crime No.759 of 2021 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in respect of S.C.No.336 of 2023 pending on the file of the learned XVII Additional District and Sessions Court, Chennai.

For petitioner :

Mr.M.Mubeen For Respondent :

Mr.A.Gopinath Government Advocate (Criminal Side)

O R D E R

The petitioner was arrested on 14.03.2025, on execution of NonBailable Warrant issued by the learned XVII Additional District and Sessions 1/4

Court, Chennai, for the offence punishable under Sections 302 read with 34, 201 of IPC, pending trial in S.C.No.336 of 2023 in respect of Crime No.759 of 2021 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that he was earlier arrested in this case and subsequently released on bail. However, since he failed to appear before the Trial Court, a Non-Bailable Warrant (NBW) was issued against him. It later came to light that the petitioner had been arrested in another case and was in judicial custody pursuant to a PT warrant. During that period, he could not appear before the Trial Court in the present case. Consequently, the NBW was executed through a formal arrest while he was in prison in connection with the other case.

3. Learned counsel for the petitioner submitted that the petitioner has been cooperating with the trial proceedings and has attended all the earlier hearings. He further submitted that the petitioner is ready to appear before the Trial Court and and co-operate for the speedy disposal of the trial. Hence, he prays for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the 2/4

respondent police submitted that there are totally 6 accused in this case and the petitioner is arrayed as A6. He further submitted that bail application filed by the petitioner was dismissed by the Trial Court in Crl.M.P.No.7925 of 2025 dated 10.09.2025, and at present the case is posted for examination of LW4.

5. Considering the fact that the trial has already commenced and some of the witnesses have been examined and also taking note of the petitioner's bad antecedents involving about 15 previous cases, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal original petition stands dismissed. 06.10.2025 cda K.RAJASEKAR, J.

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To 1.The XVII Additional District and Sessions Court, Chennai. 2.The Inspector of Police, E-4, Abiramapuram Police Station, Chennai.

3.The Public Prosecutor, High Court of Madras.

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