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2023 Supreme(Online)(Mad) 101982

MADRAS HIGH COURT
T.V.THAMILSELVI, J
ARIVU @ ARIVAZHAGAN – Appellant
Versus
STATE REP BY – Respondent
CRL OP/549/2023



Crl.O.P.No.549 of 2023

Crl.O.P.No.549 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 147, 148,

341, 322, 324, 326 and 307 I.P.C. r/w 149 of I.P.C. in Crime No.518 of

2008 on the file of the respondent police, pending trial in S.C.No.340 of

2018 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

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Crl.O.P.No.549 of 2023

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

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 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 only after securing him, there was a

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Crl.O.P.No.549 of 2023

progress in the trial and the investigation is still pending. Therefore, he

vehemently opposed to grant bail to the petitioner.

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.549 of 2023

T.V.THAMILSELVI, J.

vkr

Crl.O.P.No.549 of 2023

12.01.2023

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