S. Ashok Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12108 of 2016 S. ASHOK KUMAR ... PETITIONER/ACCUSED No.4 Vs STATE REP. BY THE INSPECTOR OF POLICE AVANIYAPURAM POLICE STATION, MADURAI DISTRICT.CR NO. 420 OF 2005 ... RESPONDENT/COMPLAINANT For Petitioner : M/S N.MARIAPPAN Advocate For Respondent : Mr.P.KANNITHEVAN, Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as accused No.4, who was arrested and remanded to judicial custody on 05.06.2016 for the alleged offence punishable under Section 399 IPC, in Crime No.420 of 2005, on the file of the respondent police and hence, seeks bail. 2.The learned counsel for the petitioner submitted that due non-appearance before the learned Judicial Magistrate No.VI, Madurai on 03.11.2014, non-bailable warrant was issued against him and thereafter he was arrested and remanded to judicial custody. According to the petitioner, due to stomach pain, he did not attend the Court on that day. The petitioner is in judicial custody from 05.06.2016 and prayed for enlarge the petitioner on bail. 3.The learned Government Advocate(Crl.

side) submitted that the petitioner was already granted bail and subsequently he jumped out of bail and due to his non-appearance before the Judicial Magistrate No.VI, Madurai on 03.11.2014, non-bailable warrant has been issued against him and thereafter he was secured only on 05.06.2016. Investigation has been completed and charge sheet has been filed and taken on file in P.R.C.No.62 of 2006. Due to non-appearance of the petitioner, the trial could not be proceeded with. 4.Considering the fact that charge sheet has been filed and taken on file in P.R.C.No.62 of 2016 and due to non-appearance of the petitioner before the learned Judicial Magistrate on 03.11.2014, https://hcservices.ecourts.gov.

non-bailable warrant was issued against him and the petitioner was secured only after 11⁄2 years and due to his non-apperance the trial could not be proceeded with, this court is not inclined to grant bail to the petitioner. Hence, this petition is dismissed. sd/- 20/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE-VI MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE SUPERINTENDENT CENTRAL PRISON, MADURAI 4 THE INSPECTOR OF POLICE AVANIYAPURAM POLICE STATION, MADURAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S N.MARIAPPAN Advocate SR.No.38007

ORDER

IN CRL OP(MD) No.12108 of 2016 Date :20/07/2016 smn SH/GSV-PM/SAR-III:25.07.2016:2P/7C https://hcservices.ecourts.gov.in/hcservices/