Dismissed¶28

A.Ganesan v. The State of Tamilnadu Rep.by

Madras HC7 Jan 2025CRL OP(MD)/135/2025

Case brief

AI extract

What is this about?

Bail petition dismissed; NBW issued 22.09.2022 and executed 04.04.2023; custody since arrest; 630+ days incarceration; 2016 murder case (S.302 IPC) pending trial since 2017; earlier dismissal with split-up direction to II Additional District & Sessions Judge, Thanjavur (five-month disposal timeline); interim bail liberty granted; CRL OP(MD) No.135 of 2025; Madurai Bench of Madras High Court; G. Ilangovan, J.; Sec.483 BNSS; Sections 302, 201, 342, 506(ii) IPC; Crime No.39 of 2016; S.C.No.27 of 2017; A. Ganesan v. State of Tamilnadu.

What did the court decide?

Bail refused; liberty granted to the petitioner to move an application for interim bail before the trial Court or before this Court. ¶28

A.Ganesan Vs The State of Tamilnadu Rep.by — Murder and Culpable Homicide | Madras HC (2025)

What the court decided

AI extract

Outcome

Bail refused; liberty granted to the petitioner to move an application for interim bail before the trial Court or before this Court.

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Issue for consideration

Whether the petitioner, arrayed as Accused No.1 in S.C.No.27 of 2017 (Crime No.39 of 2016, alleged offences under Sections 302, 201, 342, 506(ii) IPC), arrested on 04.04.2023 pursuant to an NBW and in custody since, should be enlarged on bail. +1 more

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Court's answer

Considering the conduct of the petitioner, if he is released on bail he would abscond, which would certainly hamper the trial.

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Ratio / Principle

The criminal original petition seeking bail stands dismissed.

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Key takeaways

The petitioner is granted liberty to move an application for interim bail before the trial Court (Regular) itself or before this Court.ratio¶27

Detailed headnote1 paragraphs

Criminal Original Petition (bail) - dismissed. Petitioner, Accused No.1 in S.C.No.27 of 2017 (Crime No.39 of 2016, Maruvur Police Station, Thanjavur District; alleged offences under Sections 302, 201, 342, 506(ii) IPC), arrested on 04.04.2023 in execution of an NBW issued on 22.09.2022 by the II Additional District & Sessions Judge, Thanjavur after he failed to appear at trial despite earlier regular bail (an earlier NBW having been recalled); in custody since arrest. Crime of 2016; case on the trial Court's file since 2017; trial incomplete even after seven years due to absence of accused one after another. Earlier bail petition had been dismissed with a direction to the II Additional District & Sessions Judge, Thanjavur to split up the case against accused regularly appearing in S.C.No.27 of 2017 and dispose of it within five months. Present petition founded on trial not yet completed and detention exceeding 630 days; counsel sought at least interim bail of two-three days. Held, dismissing the petition: considering the petitioner's conduct, release on bail would result in absconding and hamper the trial; liberty granted to move for interim bail before the trial Court or this Court. Petition under Sec.483 BNSS. (Paras 18-28)

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CRL OP(MD). No.135 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Date : 07/01/2025

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PRESENT

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The HONOURABLE MR. JUSTICE G.ILANGOVAN

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CRL OP(MD). No.135 of 2025

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A.Ganesan ... Petitioner/Accused No.1

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Vs.

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The State of Tamilnadu Rep. By, Rep by the Inspector of Police, Maruvur Police Station, Thanjavur District. (Crime No.39 of 2016). ... Respondent/Complainant

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For Petitioner : Mr.R.L.Dhilipan Pandian, Advocate for M/s.Durai Pandian.K, Advocate. For Respondent : Mr.P.Kottaisamy, Government Advocate (Crl.Side)

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PETITION FOR BAIL Under Sec.483 of BNSS

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PRAYER :-

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To enlarge the petitioner on bail in connection with Non Bailable Warrant against in SC No.184/2023 before the Learned Court of the II Additional District and Sessions Judge, Thanjavur in Crime No.39/2016 on the file of the respondent Police.

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ORDER : The Court made the following order :-

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The petitioner/Accused herein, who was arrested on 04.04.2023, in pursuant https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.135 of 2025

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to NBW issued by the learned II Additional District & Sessions Judge, Thanjavur in SC No.27 of 2017, connected in Crime No.39 of 2016, the alleged offence under Sections 302, 201, 342, 506(ii) IPC, on the file of the respondent police, seeks bail.

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2.The petitioner herein is arrayed as A1 in S.C.No.27 of 2017. He got regular

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bail and appeared before the trial Court regularly. Thereafter, he failed to appear before the trial Court and NBW was issued against the petitioner. The same was recalled by him. Again, due to absence of the petitioner, NBW was issued by the trial Court on 22.09.2022 and the same was executed, by remanding the petitioner to judicial custody on 04.04.2023. Ever since from the date of arrest, the petitioner is in custody.

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3.Perusal of records show that the crime was took place in the year 2016 and the case was taken on the file by the trial Court in the year 2017. It is stated by the learned Additional Public Prosecutor that due to absence of one after other accused, the case could not proceeded further and trial could not be completed, ever after a lapse of seven years.

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4.In view of the above, considering the conduct of the petitioner, if he is released on bail, he would abscond, which would certainly hamper the trial. In view of the above, the earlier petition filed by the petitioner was dismissed with a direction to the learned II Additional District & Sessions Judge, Thanjavur to split up https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.135 of 2025

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the case against who are regularly appearing in S.C.No.27 of 2017 and dispose the same within a period of five months, from the date of receipt of a copy of that order.

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5.This application has been filed on the ground that the trial has not yet been completed and this petition is inside the prison more than 630 days. Considering the period of incarceration, the learned counsel for the petitioner seeks atleast interim bail to two or three days.

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6.Liberty is granted to the petitioner to move application for interim bail before the Regular itself or before this Court.

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7.With the above said liberty, this criminal original petition stands dismissed.

sd/-

07/01/2025

/ TRUE COPY /

/01/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.