Muneeshwaran @ Ashok v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Muneeshwaran @ Ashok ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Aranthangi Police Station, Pudukkottai District.
Crime No.149/2016 ... Respondent/Complainant For Petitioner : Mr.D.Rameshkumar, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in S.C.No.68 of 2017 on the file of the learned Principal District and Sessions Judge, Pudukkottai in connection with Crime No.149/2016 on the file of the respondent-Police. 1/5
ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 22.04.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant an order of bail.
2. The petitioner / Accused No.1 was arrested and remanded to judicial custody on 02.03.2025. The petitioner is facing trial in S.C.No.68 of 2017 on the file of the learned Principal District and Sessions Judge, Pudukkottai for the offences punishable under Sections 395 and 397 of IPC in connection with Crime No.149 of 2016 on the file of the respondent-Police.
3. The petitioner was originally arrested and enlarged on bail. Subsequently, he failed to appear before the trial Court on 25.02.2022. Hence, non bailable warrant was issued against the petitioner on 25.02.2022 and the same was executed by way of arrest on 02.03.2025.
4. Mr.D.Rameshkumar, the learned counsel for the petitioner, submits that since the petitioner met with an accident, he was not able to appear before the trial 2/5
Court on 25.02.2022. He further submits that the petitioner is an innocent person and is ready to abide by any conditions to be imposed by this Court. He further submits that the petitioner has been in incarceration since 02.03.2025. He therefore prays for grant of bail to the petitioner.
5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-police, submits that the petitioner failed to appear before the trial Court on 25.02.2022. Hence, non bailable warrant was issued against him on 25.02.2022 and after three years, he was arrested. He further submits that if bail is granted to the petitioner, he may abscond and thereby cause delay in the trial proceedings. However, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. This Court posed a question to the learned counsel appearing for the petitioner to state one good reason for non appearance of the petitioner before the trial Court on 25.02.2022. But, the learned counsel appearing for the petitioner is unable to state anything except the petitioner met with an accident in the year 2022. Moreover, the learned counsel did not produce any document to substantiate his 3/5
oral submission.
8. Considering the above and considering the fact that if bail is granted to the petitioner, he may abscond and thereby, cause delay in the trial proceedings, this Court is not inclined to grant bail to the petitioner.
8. Accordingly, this Criminal Original Petition is dismissed. sd/- 24/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1.THE INSPECTOR OF POLICE, ARATHANGI POLICE STATION, PUDUKKOTTAI DISTRICT.
2. THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.
3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.7461 of 2025 Date :24/04/2025 VN/26.05.2025 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5