Sathish @ Samaan Sathish v. The State Rep By

CRL OP NO. 31590 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-12-2024

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 31590 of 2024 Sathish @ Samaan Sathish S/o.Boopathi, No.122, Kamarajar Colony, Kudisaipaguthi, T.Nagar, Chennai-600 017.

Petitioner(s) Vs The State Rep By The Inspector Of Police, R-1, Mambalam Police Station, Chennai. Cr.No.1471/2017.

Respondent(s) For Petitioner(s):

R.Parthiban R.Rajadurai M.Shimyon Edwin P.Agnes Samantha Ophelie For Respondent(s):

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of S.C.No.317 of 2022 pending on the file of the learned VII Additional Judge, Chennai, in connection with Crime No.1471 of 2017 registered for the offences punishable under Sections 341, 294(b), 326, 307, 506(ii) r/w Section 34 of IPC, is on board for consideration. 1/4

2. Learned counsel for the petitioner submits that the petitioner, who is arrayed as A1, is facing trial in S.C.No.317 of 2022 pending on the file of the learned VII Additional Judge, Chennai. He further submits that since the petitioner was unable to appear before the trial Court, the trial Court has issued a Non Bailable Warrant of arrest against him on 20.11.2023 and pursuant to which, he was arrested on 20.11.2024. He also submits that non-appearance of the petitioner is neither willful nor wanton and now, the petitioner undertakes that he 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 the petitioner/A1 failed to appear before the trial Court in S.C.No.317 of 2022 and thereby, the non-bailable warrant of arrest was issued against him in the year 2023 and he was arrested only after a period of one year on 20.11.2024. He also submits that co-accused in this case is also still absconding and the case now stands posted for chief examination of PW1. He further submits that the petitioner is a habitual offender, having several previous cases. 2/4

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 considering the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, the Criminal Original Petition stands dismissed.

18-12-2024 To

1. The State Rep By The Inspector Of Police, R-1, Mambalam Police Station, Chennai. Cr.No.1471/2017. HAM 3/4

A.D.JAGADISH CHANDIRA, J.

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