The Madras High Court declined bail to a petitioner remanded in custody for absconding during trial. The Court noted the gravity of offences, multiple pending cases, and the risk of tampering with witnesses and stalling the trial.
Bail prayer dismissed; trial court directed to complete trial and dispose case as early as possible.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No. 12898 of 2023
Crl.O.P.No. 12898 of 2023
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 26.05.2022 for the alleged offence under Sections 294(b), 392 r/w 397, 394, 506(ii) of I.P.C. in Crime No.135 of 2018 on the file of the respondent police, pending trial in S.C.No. 61 of 2021 on the file of II Addl. Sessions Judge, Chennai seeks bail.
Page 1 of 4
Crl.O.P.No. 12898 of 2023
non bailable warrant against the petitioner following which, the petitioner was arrested and remanded to judicial custody on 09.01.2023. He would submit that the petitioner has been suffering incarceration from 09.01.2023. He would further submit that the petitioner is ready to appear before the Court regularly and to co-operate for the trial. Hence, he prayed to grant bail to the petitioner.
Page 2 of 4
Crl.O.P.No. 12898 of 2023
submissions made by both counsel and also considering gravity of offence committed by the petitioner and he absconded for more than 6 months and he is involved in 26 previous cases including one murder case under Sec.302 I.P.C. and 11 cases under Sec.307 of I.P.C. and after securing him only, there is a progress in trial and all the witnesses are examined and the case is posted for examination of I.O. and now, if he is released on bail, there is possibility of tampering the witnesses and hampering the investigation and also there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, the trial court is directed to complete the trial and dispose the case as early as possible.
22.06.2023
rpp
Page 3 of 4
Crl.O.P.No. 12898 of 2023
T.V.THAMILSELVI, J.
rpp
Crl.O.P.No. 12898 of 2023
22.06.2023
Page 4 of 4
1 issue framed by the court
Whether bail should be granted to a petitioner who absconded for over six months and is facing multiple serious pending cases including one murder charge.
T.V.Thamiselvi
State
T.V.Thamiselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
