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Madras High CourtCRL OP(MD)/19563/2024dismissed

Kesavan v. The State Of Tamil Nadu Rep By

2024-11-13Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Kesavan ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Thanjavur South Police Station, Thanjavur District.

(Crime No.192 of 2015).

... Respondent/Complainant For Petitioner :

Mr.C.Susikumar, Advocate.

For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To release the Petitioner/Accused no.1 on bail in S.C.No.31 of 2017 on the file of the Learned Principal Assistant Sessions Court,Thanjavur District. ORDER : The Court made the following order :- The petitioner/accused No.1, who was arrested and remanded to judicial custody on 22.10.2024 and was facing trial for the offences under sections 147, 148, 1/3

120(B), 201 and 307 r/w 109 of IPC in S.C.No.31 of 2017 on the file of the learned Principal Assistant Sessions Judge, Thanjavur District, seeks bail.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.

3. The learned Additional Public Prosecutor appearing on behalf of the respondent Police on instructions submitted that the case is of the year 2015 and the petitioner, who is arrayed as Accused No.1, was absconding and non bailable warrant was issued on 20.07.2023. Ultimately, he was able to be arrested only on 22.10.2024. He further submitted that there are eight previous cases pending against the petitioner and the case is now pending before the learned Principal Assistant Sessions Judge, Thanjavur in S.C.No.31 of 2017. The case is posted for examination of Investigating Officer.

4. The learned counsel appearing for the petitioner submitted that the parties have arrived at a compromise in this case and therefore, requested for adjournment of this case.

5. In the considered view of this Court, considering the previous conduct of the petitioner and the delay in trial caused due to the petitioner jumping bail, this Court is not inclined to enlarge the petitioner on bail. If there is a compromise between the parties, they have to work out their remedy in the manner known to 2/3

law. That will have no bearing while deciding this bail petition.

6. This Criminal Original Petition stands dismissed. sd/- 13/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG To 1.The Inspector of Police, Thanjavur South Police Station, Thanjavur District.

2.The Officer Incharge, Prison Borstal School and District Jail, Pudukkottai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.M.JANANI PRIYA, Advocate ( SR-13977[I] dated 14/11/2024 )

ORDER

IN CRL OP(MD) No.19563 of 2024 Date :13/11/2024 ED/ VR /SAR- (02/12/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3