Kabi @ Kabilan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Kabi @ Kabilan, ... Petitioner/Accused No.4 Vs The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District Crime No.246/2018.

... Respondent/Complainant For Petitioner : M/s. Vasuki.S, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in connection with the S.C.No.36 of 2020 on the file of the III Additional District and Sessions Court, Pattukottai and FIR in Crime No.246 of 2018 on the file of the Pattukottai Taluk Police Station. ORDER : The Court made the following order :- This Petition is filed to enlarge the petitioner on bail in connection with the 1/4

S.C.No.36 of 2020 on the file of the III Additional District and Sessions Court, Pattukottai and FIR in Crime No.246 of 2018 on the file of the Pattukottai Taluk Police Station.

2. The petitioner, who is an accused, is facing a trial in S.C.No.36 of 2020. Earlier the petitioner was granted bail in Crime No.246 of 2018 and in S.C, stage he absconded. After filing charge sheet, as the summon could not be served upon the petitioner, the trial Court, has issued non bailable warrant on 01.12.2022, and he was arrested on 14.03.2024.

3. The learned counsel for the petitioner would submit that the petitioner is inside from 14.03.2024 and there is no progress in the trial and there is also no scope for immediate completion of the trial. This case stands on a different footing that the petitioner has got 17 previous cases, at least three cases are related to murder, ie.302 I.P.C. the other cases are under Sections 392 and 307 I.P.C.

4. The petitioner is repeatedly involved in the offences and in the earlier bail application, bail was granted on condition that he will not involve in any further cases. If this Court grants bail in the present case, then it would amount to rewriting 2/4

the earlier bail orders and therefore, I am not inclined to enlarge the petitioner on bail.

5. Accordingly, this Petition dismissed. The trial Court is directed to take up the matter for expeditious disposal and the prosecution is directed to co-operate and produce the witnesses without fail.

sd/- 14/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO THE INSPECTOR OF POLICE PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, PATTUKOTTAI.

3/4

ORDER

IN CRL OP(MD) No.13371 of 2024 Date :14/08/2024 SS/VR/SAR- /23/08/2024/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4