Madras High CourtCRL OP(MD)/731/2025dismissed

Prakash @ Thakkali Prakash v. The State Of Tamilnadu

2025-01-20Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Prakash @ Thakkali Prakash, S/o. Dharuman @ Dharman, No. 10, Kosimani Nagar, Dharasuram, Kumbakonam Taluk, Thanjavur District.

... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Naducauvery Police Station, Thanjavur District.

Crime No. 599/2021.

... Respondent/Complainant For Petitioner : Mr.B.Jameelarasu, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS 1/5

PRAYER :- To enlarge the petitioner on bail in connection with Crime No. 599/2021 on the file of the Respondent Police in pursuant of the NBW issued against the petitioner in S.C.No. 97/2023 on the file of learned Principal Sub Court, Thanjavur. ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 11.07.2024 and was facing trial for the offences under Section 397 of IPC in S.C.No. 97/2023 on the file of the learned Principal Sub Judge, Thanjavur, seeks bail.

2. When the matter came up for hearing on 10.01.2025, this Court passed the following order:

"The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 11.07.2024 and was facing trial for the offence under Section 397 IPC in connection with Crime No.599 of 2021 on the file of the respondent Police in pursuant of the non bailable warrant issued against the petitioner in S.C.No.97 of 2023 on the file of the learned Principal Sub Judge, Thanjavur. 2/5

2. When the matter came up for hearing, the learned counsel for the petitioner submitted that the petitioner's father died on 28.12.2024 and the petitioner was not even permitted to do the last rites. He further submitted that the ceremony have to be conducted and hence, he sought for interim bail.

3. This Court passed over the matter and directed the learned Additional Public Prosecutor to get instructions. The learned Additional Public Prosecutor on instructions confirmed the fact that the petitioner's father died on 28.12.2024.

4. In view of the above, without going into the merits of the case for the present, interim bail is granted to the petitioner to do the final rites for his father subject to the following conditions.

5. Accordingly the petitioner is ordered to be released on interim bail on executing an own bond to the Jail Superintendent, Central Jail, Tirchirappalli and on further condition that the petitioner shall report before the respondent Police daily at 05.30 p.m. until further orders.

6. Registry is directed to post this case on 20.01.2025." 3/5

3. Heard the learned counsel on either side.

4. In the instant case, the petitioner was facing trial before the Court below in S.C.No.97 of 2023. He did not attend the hearing on 04.08.2023 and hence, non bailable warrant was issued. The non bailable warrant was executed and the petitioner was produced before the court on 11.07.2024 and was remanded to judicial custody.

5. The learned Additional Public Prosecutor appearing for the respondent Police submitted that the charges are yet to be framed in this case. It is also brought to the notice of this Court that there are seventeen previous cases against the petitioner which includes a murder case and also offence under the NDPS Act. Considering the previous cases against the petitioner and the conduct of the petitioner jumping bail, this Court is not inclined to enlarge the petitioner on bail at this stage. At least, the charges will have to be framed in this case before considering the enlargement of the petitioner on bail.

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6. In view of the above, this petition is dismissed for the present. The petitioner shall surrender before the Superintendent, Central Prison, Trichirappalli by 05.00 p.m., on 21.01.2025.

Sd/- 20/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, tsg TO 1 THE SUPERINTENDENT, CENTRAL PRISON, TRICHIRAPPALLI 2 THE INSPECTOR OF POLICE, NADUCAVERY POLICE STATION, THANJAVUR DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.731 of 2025 Date :20/01/2025 ES/SKN/SAR /31.01.2025/ 5P/4 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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