Durai @ Duraisamy v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/12/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Durai @ Duraisamy ... Petitioner / Accused No.2 Vs The Inspector of Police, Vengamedu Police Station, Karur District, (Crime No.47/2012.) ... Respondent/Complainant

For Petitioner : M/s.K.Suyambulinga Bharathi, Advocate

for M/s.Anantha Murugan.S, Advocate.

For Respondent : Mr.R.M.S.Sethuraman,

Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- To enlarge the petitioner/accused on bail in connection with PRC No.44/2018 on the file of the learned Judicial Magistrate No.I, Karur in Crime No.47/2012 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A2 herein was arrested and remanded to judicial custody on

01.06.2023 for the alleged offences under Sections 399 of IPC r/w.25(1)(B)(a), 27 of Arms Act in Crime No.47 of 2012 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 16.08.2021, hence Non Bailable Warrant was issued on 16.08.2021. The petitioner was arrested on execution of Non Bailable Warrant on 01.06.2023.

3.The learned counsel for the petitioner would submit that the petitioner is regularly appearing before the trial Court and thereafter 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 01.06.2023.

¶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. He would further submit that the petitioner is having sixty nine previous cases.

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 also taking into consideration the previous bad antecedents of the petitioner this Court is not inclined to grant bail to the petitioner.

¶6Hence the petition stands dismissed.

sd/-

15/12/2023

/ TRUE COPY /

/12/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. AAV To

1.The Inspector of Police, Vengamedu Police Station, Karur District.

2.The Superintendent, Centrl Prison, Madurai, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.22626 of 2023 Date :15/12/2023 ED/ DD /SAR- (21/12/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023