Rajasekar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15351 of 2023 Rajasekar ... Petitioner/Accused No.5 Vs The State represented by The Inspector of Police, Pew- Thuraiyur Police Station, Trichy District, Crime No.121 of 2019..

... Respondent/Complainant For Petitioner : M/s.Yasar Arafath.K, Advocate.

For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.121 of 2019 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused No.5 herein, who was arrested on 22.07.2023 for the alleged offence under Sections 465, 468, 471 of IPC and u/w. 4(1)(aaa), 4(1-A) of

Tamil Nadu Prohibition Act, in Crime No.121 of 2019, on the file of the respondent police, seeks bail.

2.It is submitted that case was registered in the year 2019. After completing the investigation, the charge sheet was filed and taken on file in S.C.No.36 of 2022, on the file of the Sub Court, Thuraiyur. Since the petitioner was called absent on 29.03.2023, non bailable warrant was issued against him. On execution of the same, he was arrested on 22.07.2023.

3.The learned Additional Public Prosecutor would submit that the petitioner was initially arrested by the respondent police and released on bail. Due to his absence before the trial Court while the trial process is going on, Non Bailable Warrant has been issued. On execution on the Warrant, he was arrested. If he is released on bail, there is every likelihood to abscond again. 4.Since the trial process is going on, this Court is inclined to grant bail to the petitioner with stringent conditions.

5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction

of the learned Sub Judge, Thuraiyur, Trichy District and on further condition that the petitioner shall report before the concerned trial Court daily at 10.30 a.m. until further orders and co-operate with them to complete the trial process. 6.There shall be a direction to the trial Court to complete the trial process in S.C.No.36 of 2022, within a period of three months from the date of receipt of a copy of this order.

sd/- 23/08/2023 / TRUE COPY / 23/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE SUBORDINATE JUDGE, THURAIYUR, TRICHY DISTRICT.

2 THE OFFICER INCHARGE, SUB JAIL, THURAIYUR.

3 THE INSPECTOR OF POLICE PEW- THURAIYUR POLICE STATION, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.YASAR ARAFATH, Advocate ( SR-12654[I] dated 23/08/2023 )

ORDER

IN CRL OP(MD) No.15351 of 2023 Date :23/08/2023 SS/23/08/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023