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Vadivel @ Vasanthakumar Vs State Rep.by — Madras HC (2025) — LawSathi Research

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Madras HC
2025
Vadivel @ Vasanthakumar Vs State Rep.byVadivel @ Vasanthakumar v. State Rep.by

Dismissed¶23

Vadivel @ Vasanthakumar v. State Rep.by

Bail – Refusal – Accused absent from trial since 2019, secured only after five years

Madras HC21 Jan 2025CRL OP/1330/2025

Case brief

AI extract

What is this about?

Madras High Court, CRL OP No.1330 of 2025, decided 21-01-2025 by A.D.Jagadish Chandira J. Bail application by Vadivel @ Vasanthakumar (A1) in P.R.C.No.19 of 2024 (District Munsif cum Judicial Magistrate, Karimangalam, Dharmapuri) in Crime No.100 of 2006 under Sections 363, 404, 302 r/w 109, 34, 201 IPC (double murder). Petition dismissed: NBW issued 04.06.2019 after petitioner stopped attending trial, executed only on 06.12.2024; split-up case S.C.No.68 of 2010 ended in conviction of co-accused; risk of further absconding noted. Trial court directed to commit case to Sessions expeditiously. Keywords: bail refusal, non-bailable warrant, absconding, prolonged trial, split-up case, committal to Sessions, IPC 363/404/302/109/34/201.

What did the court decide?

Bail refused; no relief to the petitioner. The trial court was directed to commit the case pending in P.R.C.No.19 of 2024 to the Court of Sessions as expeditiously as possible.

Why is it important?

The Court declined to grant bail, finding that the petitioner's absence had prolonged the double murder case registered in 2006 and that the petitioner was secured only after five years. ¶22

What the court decided

AI extract

Outcome

Bail refused; no relief to the petitioner. The trial court was directed to commit the case pending in P.R.C.No.19 of 2024 to the Court of Sessions as expeditiously as possible.

Issue for consideration

Whether the petitioner (A1) in P.R.C.No.19 of 2024, arising from Crime No.100 of 2006, should be enlarged on bail, notwithstanding his earlier non-appearance that led to a non-bailable warrant (issued 04.06.2019) and his arrest on 06.12.2024.

Court's answer

The Court declined to grant bail, finding that the petitioner's absence had prolonged the double murder case registered in 2006 and that the petitioner was secured only after five years.

Ratio / Principle

The Criminal Original Petition stands dismissed.

Key takeaways

The learned District Munsif cum Judicial Magistrate, Karimangalam, Dharmapuri District, is directed to commit the case pending in P.R.C.No.19 of 2024 to the Court of Sessions as expeditiously as possible.ratio¶24

Detailed headnote1 paragraphs

Bail - Refusal - Accused absent from trial since 2019, secured only after five years - Petitioner (A1) in Crime No.100 of 2006 (offences under Sections 363, 404, 302 r/w 109, 34, 201 of IPC - double murder) sought bail in P.R.C.No.19 of 2024, District Munsif cum Judicial Magistrate, Karimangalam, Dharmapuri District. He had regularly attended trial but, citing poor health, stopped appearing, leading to a non-bailable warrant on 04.06.2019; he was arrested on 06.12.2024 on execution of the warrant. Owing to his absence, the case was split up against the co-accused (S.C.No.68 of 2010), who stood convicted. Held: considering that the petitioner's absence had prolonged the 2006 double murder case and that he was secured only after five years, the Court was not inclined to grant bail; the Criminal Original Petition was dismissed, with a direction to the trial court to commit the case to the Court of Sessions as expeditiously as possible.

A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 1330 of 2025

Vadivel @ Vasanthakumar S/o.Chinnasamy, No.1/139, Main Road, Vettaikaran Temple, Madachur, Nagadevanpalayam, Erode.

Petitioner(s)

Vs

State Rep.By The Inspector Of Police, Karimangalam Police Station, Dharmapuri District.Cr.No.100 Of 2006

Respondent(s)

For Petitioner(s):

M/s.E.Kannadasan R.Thulasi S.Priyadarshini M.Sathishkumar A.Ajay

For Respondent(s):

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in P.R.C.No.19 of 2024 on the file of the learned District Munsif cum Judicial Magistrate, Karimangalam, Dharmapuri District, in connection with Crime No.100 of 2006 on the file of the respondent Police registered for the offence under Sections 363, 404, 302 r/w 109, 34, 201 of IPC, is on board for consideration.

https://www.mhc.tn.gov.in/judis 1/4

Learned counsel for the petitioner submits that the petitioner, who is arrayed as A1, is facing trial in P.R.C.No.19 of 2024 on the file of the learned District Munsif cum Judicial Magistrate, Karimangalam, Dharmapuri District. He further submits that the petitioner was regularly appearing before the trial court on all hearing dates, however, due to his poor health condition, he was unable to appear before the trial court, thereby, the non bailable warrant was issued against him on 04.06.2019 and pursuant to the same, he was arrested on 06.12.2024. He also submits that the petitioner undertakes that he will appear before the trial Court on all hearing dates without fail and he will co-operate for speedy disposal of the trial. Hence, he prayed for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent, while objecting for grant of bail, submits that the petitioner/A1, who is facing charges in P.R.C.No.19 of 2024 in connection with Crime No. 100 of 2006, failed to

appear before the trial Court, thereby, the non-bailable warrant came to be issued against him in the year 2019 and the same was executed only on 06.12.2024. He further submits that it is a case of double murder and due to the absence of the petitioner, the case was split up against the co-accused and numbered as S.C.No.68 of 2010, in which, the co-accused was found guilty and convicted. He also submits that the petitioner was secured with great difficulty after five years and therefore, if

https://www.mhc.tn.gov.in/judis 2/4

the petitioner is enlarged on bail at this stage, there is a possibility of him absconding again and not available for trial proceedings.

Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perusing the materials available on record and finding that due to the absence of the petitioner, the double murder case registered in the year 2006 has been prolonged till now and the petitioner was secured only after five years, this Court is not inclined to grant bail to the petitioner.

Accordingly, the Criminal Original Petition stands dismissed. However,

the learned District Munsif cum Judicial Magistrate, Karimangalam, Dharmapuri District, is directed to commit the case pending in P.R.C.No.19 of 2024 to the Court of Sessions as expeditiously as possible.

21-01-2025

To

The District Munsif cum Judicial Magistrate, Karimangalam, Dharmapuri District.

The Inspector Of Police, Karimangalam Police Station, Dharmapuri District.Cr.No.100 Of 2006

HAM

https://www.mhc.tn.gov.in/judis 3/4

A.D.JAGADISH CHANDIRA.,J.

ham

CRL OP NO. 1330 of 2025

21.01.2025

https://www.mhc.tn.gov.in/judis 4/4

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner (A1) in P.R.C.No.19 of 2024, arising from Crime No.100 of 2006, should be enlarged on bail, notwithstanding his earlier non-appearance that led to a non-bailable warrant (issued 04.06.2019) and his arrest on 06.12.2024.¶15
The court held
The Court declined to grant bail, finding that the petitioner's absence had prolonged the double murder case registered in 2006 and that the petitioner was secured only after five years.ratio¶22

Statutes considered

1 provisions across 1 enactments

AI extract

Indian Penal Code363, 404, 302 r/w 109, 34, 201¶15

Procedural history

How this case reached the court

AI extract

Prior proceeding
Crime No.100 of 2006 registered on the file of the respondent police (Karimangalam Police Station, Dharmapuri District) for offences under Sections 363, 404, 302 r/w 109, 34, 201 of IPC.¶15
Prior proceeding
Trial pending against the petitioner as A1 in P.R.C.No.19 of 2024 on the file of the District Munsif cum Judicial Magistrate, Karimangalam, Dharmapuri District.¶17
Prior proceeding
After regular attendance, the petitioner ceased appearing (citing poor health), whereupon a non-bailable warrant was issued on 04.06.2019; the warrant was executed and the petitioner arrested on 06.12.2024.¶17
Prior proceeding
Due to the petitioner's absence, the case was split up against the co-accused and numbered as S.C.No.68 of 2010, in which the co-accused was found guilty and convicted.¶19

Parties & counsel

AI extract

petitioner
Vadivel @ Vasanthakumar S/o.Chinnasamy¶5
E.Kannadasan, R.Thulasi, S.Priyadarshini, M.Sathishkumar, A.Ajay
respondent
State Rep.By The Inspector Of Police, Karimangalam Police Station, Dharmapuri District¶8
Leonard Arul Joseph Selvam

Coram

AI extract

A.D.Jagadish Chandiraauthor¶4

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 21 Jan 2025 · January
Registered: 13 Jan 2025
Case no.: CRL OP/1330/2025
CNR: HCMA010102242025
Bench: A.d.jagadish Chandira
Disposal: DISMISSED
Case type: CRL OP

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Cite this judgement

Vadivel @ Vasanthakumar v. State Rep.by, CRL OP/1330/2025 (MAD), decided on 21 January 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Indian Penal Code363, 404, 302 r/w 109, 34, 201

View all statutes

Procedural history4

Crime No.100 of 2006 registered on the file of the respondent police (Karimangalam Police Station, Dharmapuri District) for offences under Sections 363, 404, 302 r/w 109, 34, 201 of IPC.
Trial pending against the petitioner as A1 in P.R.C.No.19 of 2024 on the file of the District Munsif cum Judicial Magistrate, Karimangalam, Dharmapuri District.

View full history

Bench / Coram

A.D.Jagadish Chandira

Parties & counsel