Madras High CourtCRL OP(MD)/12095/2025dismissed

Kamal @ Kameshwaran v. State Of Tamilnadu Rep By Inspector Of Police, Sivagangai Town

2025-07-25Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P. VADAMALAI Kamal @ Kameshwaran, S/o.Yuvaraj, ..Petitioner/ Accused No.6 Vs The State of Tamilnadu rep.by The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

(Crime No.420/2024) .. Respondent/Complainant For Petitioner : Mr.K.Sathish Kumar Advocate.

For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.420 of 2024 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.6, who was arrested and remanded to judicial 1/5

custody on 26.06.2024 for the offences punishable under Sections.147, 148, 294(b), 324, 342, 302, 427 and 506(ii) of IPC in Crime No.420 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 16.05.2025 the accused persons unlawfully assembled with deadly weapons and abused the defacto-complainant's son with filthy language and attacked with deadly weapons, due to which he sustained severe injury and died. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner has failed to appear before the trial Court. On 04.04.2025 a Non-Bailable Warrant was issued against the petitioner. On 26.06.2025, the NBW warrant was executed and the petitioner was arrested and remanded into judicial custody. The case in S.C.No.247 of 2024 was transferred from the Principal District and Sessions Court, Sivagangai to Additional District Court, Sivagangai and on first hearing, this petitioner not able to attend the court on the said dates. This petitioner is not at all intending to escape for evading from the law. For the said reason only the petitioner could not appear before the trial Court. The Non-appearance of the petitioner before the Trial Court is neither willful nor wanton but only due to the above said reasons. The petitioner is 2/5

ready and willing to abide any conditions that may be imposed by this Court. He further submits that the petitioner undertakes that he will not abscond and he will regularly appear before the Trial Court on hearing dates without fail. He would further submit that the petitioner is in custody from 26.06.2025 nearly 35 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner failed to appear before the trial Court, due to which the trial Court had issued Non Bailable Warrant to the petitioner. The petitioner was arrested and remanded to judicial custody on 26.06.2025. In this case, investigation completed, charge sheet has also ben filed and the same was taken on file in S.C.No.247 of 2024 on the file of the Additional District Court, Sivagangai. In this case, there are totally eight accused persons, another NBW has also issued against the A5. This petitioner has not co-operated with the trial proceedings and he is willfully failed to appear for the successive hearings in order to delay the trial proceedings. If the petitioner released on bail, he would not appear for further hearings. Hence, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also 3/5

taking note of the fact that it is the case of jumped out bail, NBW was issued against this petitioner on 04.04.2025 and the same was executed on 26.06.2025, if the petitioner released on bail, he may threaten the witnesses and delayed the trial proceedings and considering the gravity of offence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 25/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO 1 The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

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

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ORDER

IN CRL OP(MD) No.12095 of 2025 Date :25/07/2025 NM/26.08.2025/ 5P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5