Somasundaram v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI Somasundaram ... Petitioner/Accused No.5 Vs

1. The State of Tamilnadu, The Superintendent of Prison Central Prison,

2. The Inspector of Police, Government Hospital Police Station, (Crime No.55 of 2018) ... Respondent/Complainant For Petitioner : Mr.S.Ananthamurugan For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/5

PRAYER :- For Bail in Crime No.55 of 2018 on the file of the 2nd respondent police in S.C.No.190 of 2023 on the file of the learned I Additional District Judge (PCR) ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 13.04.2024 for the offence punishable under Sections 147, 148, 294(b), 302, 506(ii), 120 (b) of IPC r/w 34, 109 IPC, in Crime No.55 of 2018 on the file of the 2nd respondent police in S.C.No.190 of 2023 on the file of the learned I Additional District Judge (PCR), Trichy, seeks bail,

2. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that it is a case of the year 2018 and the final report has been filed in the year 2018 in PRC.No.49 of 2018. However, committal proceedings could not be proceeded. Therefore, on 15.06.2019 a non-bailable warrant was issued and he was secured only on 18.01.2020. Again he absconded and on 24.02.2023 a non-bailable warrant was issued as against him. Only on 28.04.2023 he was secured. Thereafter, only the case was committed to the Sessions Court. Even then, the petitioner was absent on 03.08.2023 and he was secured on 13.04.2024 by way of non-bailable warrant. He further submitted that the investigation has been 2/5

completed and the charge sheet has also been filed in S.C.No.190 of 2023 on the file of the Principal District and Sessions Court. Trichy. He further submitted that the petitioner filed an interim bail before this Court in Crl.O.P.(MD).No.9311 of 2024 and the same was dismissed on 27.06.2024 with a direction that the Principal District and Sessions Court, Trichy to complete the trial in S.C.No.190 of 2023 within a period of three months. He further submitted that the petitioner is ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he seeks bail to the petitioner.

3. The learned Government Advocate (Criminal Side) submitted that this is 3rd time NBW was issued against the petitioner and there are 29 previous cases pending as against the petitioner out of which 14 cases still pending and the petitioner has involved in 302 cases, Arms act cases. He further submitted that the petitioner has absconded for the past five years not once, but many times. If he released on bail, he may be abscond the same. Hence, he strongly opposed for grant of bail to the petitioner.

4. Considering the facts and circumstances of the case and also the fact that there are 29 previous cases pending against the petitioner and he has absconded many times. Further, if enlarging the petitioner on bail at this point of time, when the offence is serious in nature and there is likelihood of the petitioner indulging in 3/5

activities which would be prejudicial for investigation and considering the bad antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. No costs. sd/- 25/06/2025 / TRUE COPY / / /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To

1. The Superintendent of Prison Central Prison, Madurai.

2. The Inspector of Police, Government Hospital Police Station, 4/5

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

ORDER

IN CRL OP(MD) No.9522 of 2025 Date :25/06/2025 PS/16.07.2025 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5