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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