IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

Crl.O.P.No. 21286 of 2021

Karthick Prakash @ Ondiveeran ... Petitioner/2^nd Accused

Vs.

The Inspector of Police,

Avinasipalayam Police Station,

Tiruppur District.

Crime No.136 of 2016

... Respondent

Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to

enlarge the petitioner on bail in S.C.No.108 of 2018 pending on the

file of the learned Principal Sessions Judge, Tiruppur.

For Petitioner : Mr.M.Mohamed Riyaz

for Mr.A.P.Sathyamoorthy

For Respondent : Mr.S.Sugendran

Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference)

The petitioner who was arrested and remanded to judicial custody

on 09.06.2020 for the offences punishable under Section 457, 395, 397

of IPC in S.C.No. 108 of 2018 on the file of the learned Principal

Sessions Judge, Tiruppur, seeks bail.

2 It is the case of jumped bail. The petitioner is arrayed as

second accused and facing trial in S.C.No. 108 of 2018 on the file of

the learned Principal Sessions Judge, Tiruppur, for the offences

under Sections 457, 395, 397 of IPC. Since, the petitioner did not

appear before the Trial Court on 08.01.2020, the learned Judge had

issued Non-bailable warrant of arrest against the petitioner.

Pursuant to the which,the petitioner has been arrested on 09.06.2020.

3. The learned counsel for the petitioner would submit that this

is the 7th application for bail and this Court finding that the

petitioner was arrested pursuant to a NBW and finding that 7 other

cases are pending against the petitioner had dismissed the earlier

application. He would further submit that this Court while

dismissing the earlier application on 14.10.2020 finding that the

https://hcservices.ecourts.gov.in/hcservices/

other co-accused in this case were absconding had directed the

respondent/police to secure the other accused or else had directed

the trial judge to split up the case against the petitioner and

complete the trial. Despite the dismissal of the petition on

14.10.2020, there is no progress in the trial. A5 in this case is in

Judicial custody in another case, confined at Central Prison, Madurai

and the respondent has not taken any steps to produce A5 before the

Court and further the trial judge has not taken any steps to split up

this case, as against the petitioner. He would further submit that

the petitioner is in custody from 10.06.2020 for the past more than

one and half years and the detention of the petitioner amounts to

pretrial conviction. He would submit that the petitioner was

initially granted bail in Crl.MP.No.558 of 2016 by the Principal

Sessions Judge, Tiruppur on 01.06.2016. Thereafter, the bail was

cancelled without giving sufficient opportunity by order of the same

Judge in Crl.MP.No.618 of 2016 on 15.06.2016. Subsequently, the

petitioner had approached this Court seeking for bail in

Crl.OP.No.16106 of 2019 and this Court granted bail to the petitioner

on 08.07.2019, thereafter, since the respondent implicated him in

other cases he was unable to appear before the Court and thereby the

trial judge had issued NBW of arrest on 14.09.2019, pursuant to which

the petitioner had been arrested on 09.06.2020. He would submit that

the respondent till date have not taken any steps to cancel the bail

granted to the petitioner by this Court in Crl.OP.No.16106 of 2019.

He would submit that this Court in the case of Pilliappan V. State

reported in 2018 SCC online Mad 13298 has held that when the earlier

bail has not been cancelled and the petitioner has been arrested

pursuant to the NBW, the bail application of the petitioner to be

considered afresh either under Section 436 and 437 of the Cr.PC. and

the Court has to consider not only the usual parameters for g