Uppathala Srinivas v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.4340 of 2025 Uppathala Srinivas ... Petitioner/sole accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Railway Police Station, Madurai District.

Crime No.33/2020.

... Respondent/Complainant For Petitioner :

Mr. S.Poornachandran Advocate For Respondent :

Mr.S.S.Manoj Government Advocate (Crl.Side) PRAYER :- To enlarge the petitioner on Bail in PRC No.35/2021 on the file of the Learned Judicial Magistrate VI, Madurai and thus render justice. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 06.03.2025 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail.

2. The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 27.07.2024 for the alleged offences under Sections 328 and 379 of Indian

Penal Code, 1860 in PRC.No.35 of 2021 on the file of the learned Judicial Magistrate No.VI, Madurai in Crime No.33 of 2020, on the file of the respondent police, seeks bail.

3. The case of the prosecution is that the petitioner is said to have spiked the cool drink of a fellow passenger in the train and decamped with the jewels. Since the petitioner failed to appear before the trial Court on 17.03.2021, Non Bailable Warrant was issued on the same day and the same was executed on 27.07.2024 i.e., after a period of three years from the date of issuance of NBW.

4. Mr.S. Poornachandran, learned counsel appearing for the petitioner submits that the petitioner has no knowledge about the Non Bailable Warrant issued against him. He further submits that it is a second bail petition and the earlier petition filed by the petitioner was dismissed by this Court vide order, dated 19.10.2024 in Crl.O.P. (MD).No.17885 of 2024. He further submits that the petitioner is in judicial custody from 27.07.2024 and seeks bail.

5. Mr.S.S.Manoj, learned Government Advocate (Crl. side) appearing for the respondent-Police submits that there are two more cases pending against the petitioner in similar nature. He further submits that petitioner is hailing from Andhrapradesh, and therefore, if he is enlarged on bail, he may abscond and thereby delay the trial proceedings.

6. Heard both sides and perused the records.

7. The submission of the learned Government Advocate (Crl. side) is

acceptable. Hence, this Court is not inclined to grant bail to the petitioner. This Court has also perused the earlier order, passed by this Court dated, 19.10.2024 in Crl.O.P(MD).No.17885 of 2024. The relevant paragraph Nos.3 and 4 is extracted hereunder:

"3. Considering the nature of allegation against the petitioner that the petitioner said to have spiked the cool drink of a fellow passenger in the train and decamped with the jewels and considering the allegation that NBW was issued against the petitioner on 17/3/2021 as he was absconding for more than three years and was arrested after forming special party, I am of the view that this is not a fit case where the petitioner can be enlarged on bail since there is a reasonable apprehension that the petitioner will again abscond.

4. In view of the fact that the petitioner's prayer for enlarging the petitioner on bail is rejected, the prosecution is directed to expedite the trial and a copy of this order shall also be placed before the trial court so as to expedite."

In view of the earlier order passed by this Court and also Considering the period of incarceration of the petitioner, this Court directs the trial Court to expedite the trial proceedings and conclude the same as early as possible, preferably within a period of three months from the date of receipt of a copy of this order.

8. In the result, this Criminal Original Petition is dismissed. Sd/- 19.03.2025 // True Copy // /04/2025 Sub Assistant Registrar (CS - I/II/III/IV) Madurai Bench of Madras High Court, Madurai TRP

TO

1. The Judicial Magistrate No.VI, Madurai.

2. The Inspector of Police, Railway Police Station, Madurai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.4340 of 2025 Date :19/03/2025 RS(15/04/2025) 4P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.