Madras High CourtCRL OP(MD)/10359/2025dismissed

Pandi v. The State Of Tamilnadu

2025-07-04Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Pandi ... Petitioner/Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Theppakkulam Police Station, Crime No.33 of 2011.

... Respondent/Complainant For Petitioner : M/s. Pon Eswara Moorthy.J, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in S.C.No.322 of 2020 on the file of the V Additional District Judge, Madurai, in Crime No.33 of 2011 on the file of the Respondent Police. 1/4

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 15.04.2025 for the offence punishable under Sections 302 of IPC, in S.C.No.322 of 2020 on the file of the V Additional District Judge, Madurai, in Crime No.33 of 2011 on the file of the respondent Police, 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 2011 and the investigation has been completed and the charge sheet has also been filed in S.C.No.322 of 2020 on the file of the V Additional District Judge, Madurai. He further submitted that the petitioner was not appear before the trial Court in the year 2022. Hence, Non-bailable warrant was issued against the petitioner in the year 2022 and the same was executed only on 15.04.2025. 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 there are twenty previous cases pending against the petitioner and the petitioner was failed to appear before the concerned Magistrate and hence NBW was issued against the petitioner in the year 2022. After 2 1⁄2 years, the petitioner was arrested on 2/4

15.04.2025. He further submitted that if the petitioner is released on bail, he may be abscond. Hence, he opposed for grant of bail to the petitioner.

4. Considering the facts and circumstances of the case and also the fact that there are twenty previous cases pending against the petitioner and Non-bailable warrant was issued in the year 2022 and executed only on 15.04.2025 and after 2 1⁄2 years only the petitioner was arrested if the petitioner enlarging on bail at this point of time, he may abscond, and the petitioner is a habitual offender 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/- 04.07.2025 / TRUE COPY / / /2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To

1. The V Additional District Judge, 3/4

2.The Superintendent of prison, Central Prison, Madurai.

3. The Inspector of Police, Theppakkulam Police Station,

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

CRL OP(MD) No.10359 of 2025 04.07.2025 KM (24.07.2025)/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4