A.Ganesan v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2025 PRESENT The HONOURABLE MR. JUSTICE G.ILANGOVAN A.Ganesan ... Petitioner/Accused No.1 Vs.

The State of Tamilnadu Rep. By, Rep by the Inspector of Police, Maruvur Police Station, Thanjavur District.

(Crime No.39 of 2016).

... Respondent/Complainant For Petitioner :

Mr.R.L.Dhilipan Pandian, Advocate for M/s.Durai Pandian.K, Advocate.

For Respondent :

Mr.P.Kottaisamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in connection with Non Bailable Warrant against in SC No.184/2023 before the Learned Court of the II Additional District and Sessions Judge, Thanjavur in Crime No.39/2016 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 04.04.2023, in pursuant 1/4

to NBW issued by the learned II Additional District & Sessions Judge, Thanjavur in SC No.27 of 2017, connected in Crime No.39 of 2016, the alleged offence under Sections 302, 201, 342, 506(ii) IPC, on the file of the respondent police, seeks bail. 2.The petitioner herein is arrayed as A1 in S.C.No.27 of 2017. He got regular bail and appeared before the trial Court regularly. Thereafter, he failed to appear before the trial Court and NBW was issued against the petitioner. The same was recalled by him. Again, due to absence of the petitioner, NBW was issued by the trial Court on 22.09.2022 and the same was executed, by remanding the petitioner to judicial custody on 04.04.2023. Ever since from the date of arrest, the petitioner is in custody.

3.Perusal of records show that the crime was took place in the year 2016 and the case was taken on the file by the trial Court in the year 2017. It is stated by the learned Additional Public Prosecutor that due to absence of one after other accused, the case could not proceeded further and trial could not be completed, ever after a lapse of seven years.

4.In view of the above, considering the conduct of the petitioner, if he is released on bail, he would abscond, which would certainly hamper the trial. In view of the above, the earlier petition filed by the petitioner was dismissed with a direction to the learned II Additional District & Sessions Judge, Thanjavur to split up 2/4

the case against who are regularly appearing in S.C.No.27 of 2017 and dispose the same within a period of five months, from the date of receipt of a copy of that order. 5.This application has been filed on the ground that the trial has not yet been completed and this petition is inside the prison more than 630 days. Considering the period of incarceration, the learned counsel for the petitioner seeks atleast interim bail to two or three days.

6.Liberty is granted to the petitioner to move application for interim bail before the Regular itself or before this Court. 7.With the above said liberty, this criminal original petition stands dismissed. sd/- 07/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM To 1.The II Additional District and Sessions Judge, Thanjavur.

2.The Inspector of Police, Maruvur Police Station, Thanjavur District.

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3.The Superintendent, Central Prison, Trichy.

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

ORDER

IN CRL OP(MD) No.135 of 2025 Date :07/01/2025 ED/ SKN /SAR- (17/01/2025) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4