2023 Supreme(Online)(MAD) 36386
MADRAS HIGH COURT
T.V.THAMILSELVI, J
ARIVU @ ARIVAZHAGAN – Appellant
Versus
THE STATE REP BY ITS, – Respondent
CRL OP/611/2023
Crl.O.P.No.611 of 2023
Crl.O.P.No.611 of 2023
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial
custody on 24.03.2022 for the alleged offence under Sections 294(b), 341,
332, 506(ii) and 307 of I.P.C. in Crime No.525 of 2008 on the file of the
respondent police, pending trial in S.C.No.222 of 2011 on the file of learned
Principal District and Sessions Judge at Cuddalore, seeks bail.
2. It is a case of jumped bail. The petitioner was originally
arrested on 14.03.2022 in Crime No.101 of 2022 on the file of
Kandamangalam Police Station for an offence under Sec.341, 352, 506(ii)
and 392 of I.P.C. and now he was arrested on 24.03.2022 in pursuant to the
non-bailable warrant issued against him.
3. The learned counsel appearing for petitioner would submit that
when the case is posted for hearing on 12.07.2019, he unable to attend the
court on the date of hearing, the learned Judge ordered non-bailable warrant
against the petitioner, thereby he was detained under PT warrant on
24.03.2022 on execution of non-bailable warrant. He would submit that the
petitioner was detained under Goondas Act and subsequently the
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Crl.O.P.No.611 of 2023
Government revoked the detention order in G.O. No. (Rt) No.2870, dated
18.05.2022. He would submit that already two previous cases are ended in
acquittal and on 20.09.2022, the co-accused was granted bail and he is still
appearing before the trial court. He would submit that he is in jail for more
than 9 months from 24.03.2022 and the trial court is not conducting trial.
Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for
respondent would submit that from 2019 onwards, he is absconding and he
is having 35 previous cases including three murder cases and 7 cases
under Sec.307 I.P.C. pending against the petitioner and the petitioner is
arrayed as A4. He would submit that the petitioner is absconding for more
than one year and thereafter, after hectic efforts, he was secured only on
24.03.2022. He would submit that the investigation is still pending.
Therefore, he vehemently opposed to grant bail to the petitioner.
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Crl.O.P.No.611 of 2023
5. Considering the facts and circumstances of the case and the
gravity of the offence committed by the petitioner and there is no change in
circumstances, this Court is not inclined to grant bail to the petitioner.
Accordingly, this Criminal Original Petition is dismissed.
12.01.2023
vkr
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Crl.O.P.No.611 of 2023
T.V.THAMILSELVI, J.
vkr
Crl.O.P.No. 611 of 2023
12.01.2023
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