Francis v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Francis, ... Petitioner/3rd Accused

Vs State Rep.by The Inspector of Police, Dindigul Town South Police Station, Dindigul District. (Crime No.1908 of 2020). ... Respondent/Complainant For Petitioner : Mr.M.Suresh,Advocate. For Respondent : Mr.R.M.S.Sethuraman,

Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime no.1908 of 2020 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A3 herein was arrested and remanded to judicial custody on

13.10.2023 for the alleged offence under Sections 120(B),147, 148, 149, 302, 506(ii) of IPC in Crime No.1908 of 2020(S.C. No.125 of 2021 on the file of the Additional District and Sessions Judge, Dindigul) 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 on 15.11.2021 , hence Non Bailable Warrant was issued on 15.11.2021. The petitioner was arrested on execution of Non Bailable Warrant on 13.10.2023.

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 13.10.2023.

¶4The learned Additional Public Prosecutor opposing the bail petition would submit that the petitioner is absconding for nearly two 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 two years and this Court is not inclined to grant bail to the petitioner.

¶6Hence the petition stands dismissed. sd/- 21/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. AAV TO THE OFFICER INCHARGE DISTRICT PRISON, DINDIGUL. THE INSPECTOR OF POLICE DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.20830 of 2023 Date :21/11/2023 PKP/DD/SAR- /27.11.2023/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023