Lathif Moulana v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Lathif Moulana ... Petitioner/Accused No.1 Vs The Inspector of Police, Dindigul Taluk Police Station Dindigul District.

Crime No.1051/2021.

... Respondent/Complainant For Petitioner : M/s.Krishnaveni.P, Advocate.

For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PRAYER :- To enlarge the petitioner herein on bail in connection with the case in S.C. No.78/2022 before the Learned Additional District and Sessions Judge, Dindigul in Crime No.1051 of 2021 on the file of the respondent Police. ORDER : The Court made the following order :- This Petition has been filed to enlarge the petitioner herein on bail in connection with the case in S.C. No.78/2022 before the Learned Addl District and Sessions 1/3

Judge, Dindigul in Crime No.1051 of 2021 on the file of the respondent Police.

2. The petitioner has already been granted bail. However, he was arrested pursuant to the non bailable warrant on 13.09.2023. The petitioner is an accused in Crime No.1051 of 2021. When the case was was listed for trial, the petitioner failed to appear before the trial Court and therefore, a non bailable warrant was ordered as against the petitioner. Thereafter, he was arrested on 13.01.2024.

3. The learned counsel for the petitioner submits that the petitioner is languishing in Jail for the past 87 days.

4. The learned Additional Public Prosecutor appearing for the respondent raised objection that this is the third time the petitioner is absconding. P.W.1 to P.W.4 though were examined a long back, the accused have not cross-examined the witnesses and dragging the proceedings. He also submits that the case is posted on 22.04.2024 for the purpose of cross examination of P.W.1 to P.W.4. 5.Considering the conduct of this petitioner that he has absconded thrice during the trial and the accused have not cross examined the witnesses sofar, this Court is 2/3

not inclined to grant bail to the petitioner.

6. Hence, this Petition is dismissed with liberty to the petitioner to renew his application after the cross examination of the witnesses. sd/- 15/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1.The Additional District and Sessions Judge, Dindigul 2.The Officer Incharge, District Jail, Dindigul.

3. The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

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

ORDER

IN CRL OP(MD) No.4947 of 2024 Date :15/04/2024 RK/VR (29/04/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3