Prabu @ Ganeshpuram Prabu v. State Rep. By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-11-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.29991 of 2025 Prabu @ Ganeshpuram Prabu Petitioner Vs The State Represented by The Inspector of Police Neravy Police Station, Karaikal.
Crime No.01 of 2017 Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.01 of 2017 on the file of the respondent police.
For Petitioner : Mr.R.Thamaraiselvan For Respondent : Mr.K.S.Mohandass Public Prosecutor (Puducherry)
ORDER
The petitioner, who was arrested and remanded to judicial custody
on 26.03.2024 for the offence punishable under Sections 147, 148, 395, 307, 448, 302, 427, 120(B) r/w 149 of IPC and Section 3 and 4 of Explosives Substances Act, in Crime No.01 of 2017, on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that the petitioner was involved in the commission of the murder of a former MLA. He was arrested in the year 2017 and was subsequently released on bail. Thereafter, the petitioner failed to appear before the Committal Court, due to which a Non-Bailable Warrant was issued against him on 25.01.2023 and executed on 26.03.2024. The petitioner has now approached this Court seeking bail.
3. Learned counsel appearing for the petitioner submitted that the petitioner was earlier arrested in this case and released on bail. Subsequently, he was involved in another case and was lodged in prison. Without serving summons to him in the present case, a warrant was issued, and pursuant to the PT warrant, he was produced before the concerned Court and was once again remanded in this case. It is further submitted that the petitioner has been in judicial custody for more than 11⁄2 years. Hence, he prayed to grant bail to the petitioner.
4. Learned Public Prosecutor, Puducherry appearing for the respondent reiterated the prosecution case and submitted that the committal proceedings have now commenced. Though the papers have been forwarded to the Sessions Court, no Sessions Case number has been assigned so far, and the matter is still at the PRC stage. He further submitted that, apart from the present case, the petitioner is involved in 22 previous cases, out of which 6 cases, including a murder case, are still pending. Hence, he opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the fact that the case has been committed very recently after a prolonged period, the accused has not cooperated in the completion of the trial, and the petitioner has bad antecedents, this Court is not inclined to grant bail to the petitioner.
7. Accordingly, this Criminal Original Petition is dismissed. 04-11-2025 drl
To
1. The Inspector of Police Neravy Police Station, Karaikal 2.The Public Prosecutor Puducherry.
K.RAJASEKAR, J., drl CRL OP NO.29991 of 2025 04.11.2025