Manibarath v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/12/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM Manibarath, ... Petitioner/Accused No.2

Vs The Inspector of Police, Madukkur Police Station, Thanjavur District. (Crime No.232/2017). ... Respondent/Complainant For Petitioner : M/s.KARUNAKARAN K M, Advocate. For Respondent : Mr.RMS.SETHURAMAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- To enlarge the petitioner on bail in Crime No.232/2017 on the file of the Respondent Police in connection with PRC.No.21 of 2018 on the file of the learned Judicial Magistrate, Pattukottai. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 02.09.2023 for the alleged offence punishable under Sections 120(B), 447, 341, 294(b), 324, 326, 307 r/w 34 of IPC, in Crime No.232 of 2017, on the file of the respondent police, seeks bail.

¶2Earlier the petitioner was arrested and released on bail. Thereafter, the petitioner did not appear before the trial Court. Hence, Non Bailable Warrant was issued on 31.07.2019. The petitioner was arrested on execution of Non Bailable Warrant on 02.09.2023.

3.The learned counsel for the petitioner would submit that the petitioner is regularly appearing before the trial Court on all hearing dates and due to his ill health he was unable to appear before the trial Court, due to which Non Bailable Warrant came to be issued and the petitioner was remanded to custody pursuant to the execution of Non Bailable Warrant on 31.07.2019.

¶4The learned Additional Public Prosecutor opposing the bail petition would submit that the petitioner is absconding for more than four years and with much difficulty the respondent police secured the petitioner. Further, if the petitioner is released on bail, he may abscond again and the entire trial will be stalled.

5.Taking into consideration all the allegations made against the petitioner and also the fact that the petitioner was arrested only after four years , this Court is not inclined to grant bail to the petitioner.

¶6Accordingly, this Criminal Original Petition stands dismissed

sd/-

11/12/2023

/ TRUE COPY /

/01/2024

Sub-Assistant Registrar ( C.S. I / II / III/ IV )

Madurai Bench of Madras High Court,

Madurai - 625 023. DSS TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE, MADUKKUR POLICE STATION, THANJAVUR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.18580 of 2023 Date :11/12/2023 SA/JGB/SAR. /29.12.2023/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.