Criminal Original Petition filed seeking bail after the petitioner was arrested upon execution of a Non Bailable Warrant issued for non-appearance over four years. The High Court dismissed the petition.
Petition for bail dismissed; petitioner to remain in custody.
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 OP(MD). No.18580 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 11/12/2023
PRESENT
The Hon`ble Mr.Justice V.SIVAGNANAM
CRL OP(MD). No.18580 of 2023
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
https://www.mhc.tn.gov.in/judis for the alleged offence punishable under Sections 120(B), 447, 341, 294(b), 324, 326,
1/3
CRL OP(MD). No.18580 of 2023
307 r/w 34 of IPC, in Crime No.232 of 2017, on the file of the respondent police, seeks bail.
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.
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.
2/3
CRL OP(MD). No.18580 of 2023
6. Accordingly, 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.
3/3
3 issues framed by the court
Whether the petitioner is entitled to enlargement on bail in second instance considering his prolonged absence and subsequent arrest.
Whether the petitioner's claim of illness justifies the issuance of a bail petition after absconding for over four years.
Whether the risk of the petitioner absconding again warrants denial of bail.
1 provisions across 1 enactments
Manibarath
The Inspector of Police, Madukkur Police Station, Thanjavur District
V. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
