The Madras High Court dismissed a bail petition filed by an accused person remanded to custody in February 2017. The Court refused bail due to the petitioner's long-standing history of absconding since March 2013 and the likelihood of absconding if released.
Bail petition dismissed; petitioner directed to face trial.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Monday, the Twenty Seventh day of November Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice A.M.BASHEER AHAMED
CRL OP(MD) No.15821 of 2017
R.VELMURUGAN ... PETITIONER/PETITIONER. ACCUSED NO.3
Vs
THE STATE REPRESENTED BY THE INSPECTOR OF POLIE, ERANIEL POLICE STATION, KANYAKUMARI DISTRICT CRIME NO.574/2007 ... RESPONDENT/RESPONDENT/COMPLAINANT
For Petitioner : M/S.L.GEORGE PAUL ANTO Advocate
For Respondent : MR.C.MAYIL VAHANA RAJENDRAN,
Govt. Advocate ( Crl. Side)
PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner / A3, who is arrested and remanded to judicial custody on 15.02.2017, for the offences punishable under Section 399 of IPC., in Crime No. 574 of 2017, on the file of the respondent police, seeks bail.
2.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner herein is arrayed as A3 in S.C.No.21 of 2013 pending on the file of the Sub-Court, Padmanabhapuram. The petitioner was absent on 20.03.2013 and NBW was issued and the same was executed on 15.02.2017 and now the petitioner is in custody. He would further submit that there are totally three accused in this case and NBW against the petitioner was executed. As per the report received from the trial Court, the charges were framed and the same is pending for commencement of the trial. After the report received from the Court below dated 22.11.2017, the present petition is filed for the fourth time seeking bail by the petitioner herein. The trial Court also directed the concerned Judicial Officer to dispose of the case within a period of two months as per order dated 21.07.2017. He would further submitted that if the petitioner is released on bail, https://hcservices.ecourts.gov.in/hcservices/ certainly he may abscond from the clutches of law and there will be no progress in the trial of the case.
3.Considering the facts and circumstances of the case and also considering the fact that the conduct of the petitioner and he is absconding from 20.03.2013 and he was arrested under execution of warrant on 15.02.2017 and also the report received from the concern Court, this Court is not inclined to grant bail to the petitioner at this stage. Hence, this Criminal Original Petition shall stand dismissed. The petitioner is directed to face the trial before the concerned Court.
sd/27/11/2017
/ TRUE COPY /
Sub-Assistant Registrar (C.S.)
TO
1 THE INSPECTOR OF POLICE, ERANIEL POLICE STATION, KANYAKUMARI DISTRICT
+1. CC to M/S.L.GEORGE PAUL ANTO Advocate SR.No.35280
VSA
CSL/RR/SAR-I/08.12.2017 :2P/5C
ORDER IN
CRL OP(MD) No.15821 of 2017 Date :27/11/2017
1 issue framed by the court
Whether bail should be granted to the petitioner who is in judicial custody for absconding prior to the framing of charges.
R.Velmurugan
The State represented by the Inspector of Police, Eranial Police Station, Kanyakumari District
A.M.Basheer Ahamed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
