Sathish @ Erumbukadai Sathish Kumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.9033 of 2023 Sathish @ Erumbukadai Sathishkumar ... Petitioner/Accused No.2

Vs The State represented by The Inspector of Police, Theppakulam Police Station, Madurai City. Crime No.803 of 2015.. ... Respondent/Complainant For Petitioner : M/s.Sathish Kumar K, Advocate. For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.803 of 2015 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/ A2, who was arrested and remanded judicial custody on 02.03.2022 for the offences punishable under Sections 147,148,341,342,302,120(B) and 201 r/w.149 of IPC in Crime No.803 of 2015, on the file of the respondent police, seeks bail.

¶2Earlier the petitioner was arrested and released on bail. Thereafter the petitioner did not appear before the trial Court , hence Non Bailable Warrant was issued on 04.12.2019. The petitioner was arrested on execution of Non Bailable Warrant on 02.03.2023.

3.The learned counsel for the petitioner would submit that the petitioner is regularly appearing before the trial Court on all hearing dates and the petitioner was arrested in some other case, hence 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 02.03.2023.

¶4The learned Additional Public Prosecutor opposing the bail petition would submit that the petitioner is absconding and with much difficulty the respondent police secured the petitioner. Further in this case nine witnesses have been examined and the case is in the part heard stage and if the petitioner is released on bail, he may abscond again and the entire trial will be stalled.

5.Taking into consideration the nature and gravity of offence committed by the petitioner and also the fact that the case is at the part heard stage, this Court is not inclined to grant bail to the petitioner.

¶6Hence the petition stands dismissed. However the trial Court is directed to complete the trial within a period of two months from the date of receipt of a copy of this order. sd/- 18/05/2023 / TRUE COPY / 23/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. aav TO 1 THE VI ADDITIONAL DISTRICT JUDGE, MADURAI. 2 THE INSPECTOR OF POLICE THEPPAKULAM POLICE STATION, MADURAI CITY. 3 THE SUPERINTENDENT CENTRAL PRISON, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.9033 of 2023 Date :18/05/2023 SS/CG/SAR /23/05/2023/2P/5C