Kujili @ Karthick v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19512 of 2022 Kujili @ Karthick ... Petitioner/Accused Vs State rep.by The Inspector of Police, Thirugokaranam Police Station, Pudukkottai District.

(Crime No.383 of 2011).

... Respondent/Complainant For Petitioner : M/s.Banumathy A, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.383 of 2011 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to Judicial Custody on 20.07.2022 for the offences punishable under section 397 IPC in Crime No.383 of 2011 on the file of the respondent police, seeks bail.

2. The case of the petitioner is that since he has not appeared before the trial Court, NBW was issued against him on 04.07.2016 and on that basis he was arrested and remanded to judicial custody on 20.07.2022.

3. The learned counsel appearing for the petitioner submitted that due to Covid-19 Pandemic situation, the petitioner was not able to appear before the trial Court and that NBW was issued against him and he is in judicial custody from 20.07.2022 and seeks bail. https://www.mhc.tn.gov.in/judis

4. The learned Government Advocate (Crl. Side) appearing for the respondent, police would submit that the case was registered in the year 2011 and the has been charge sheeted and taken on file in S.C.No.167 of 2014 before the Chief Judicial Magistrate / Assistant Sessions Court, Pudukkottai District. Due to the non-appearance of the petitioner NBW was issued against him and he is having 4 previous robbery cases and he prays for dismissal of this petition.

5. Considering the facts and circumstances of the case and also considering the fact that the case has been registered in the year 2011 and that the he has not appeared before the trial Court regularly, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, this Court directs the trial Court to dispose of the S.C.No.167 of 2014, within a period of one month from the date of receipt of a copy of this order.

Sd/- 04/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE CHIEF JUDICIAL MAGISTRATE/ ASSISTANT SESSIONS COURT, PADUKKOTTAI.

2. THE INSPECTOR OF POLICE, THIRUGOKARNAM POLICE STATION, PUDUKKOTTAI DISTRICT.

3. THE OFFICER INCHARGE, SUB-JAIL, PUDUKKOTTAI.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.BANUMATHY A Advocate SR.No.12410

ORDER

IN CRL OP(MD) No.19512 of 2022 Date :04/11/2022 SP/BUC/SAR IV/05/12/2022/2P/6C https://www.mhc.tn.gov.in/judis