The court affirmed that non-compliance with bail conditions and a history of similar offenses justifies denial of bail, emphasizing the need to ensure judicial integrity and prevent witness tampering.

JUDGMENT

This Criminal appeal is filed against the order passed in Cr.M.P.No.504 of 2025, dated 11.11.2025, by the learned II Additional District and Sessions Judge, PCR, Tirunelveli.

2. The case of the prosecution is that the appellant as the accused in Crime No.302 of 2024 for the offences punishable under Section 302 @ 147, 148, 341, 294(b), 302 IPC and Section 3(2)(va) of SC/ST (PoA) Act @ 147, 148, 341, 120(b), 302 IPC and Section 3(2)(va) of SC/ST (PoA) Act was remanded to judicial custody on 06.08.2024. Later, Charge Sheet was filed on 11.09.2024 and the trial Court had taken the same on file in S.C.No.75 of 2024. Thereafter, he was granted bail by the learned II Additional District and Sessions Judge, Tirunelveli, in Cr.M.P.No.3594 of 2024, vide order dated 14.10.2024. Since the petitioner did not comply with the conditions imposed on him, the trial Court cancelled the bail in Cr.M.P.No.3915 of 2024, dated 09.09.2025 and issued NBW pursuant to which he is in custody from 25.09.2025. Thereafter, the appellant filed the present petition seeking bail in Cr.M.P.No.504 of 2024. The trial Court, in its order dated 11.11.2025, observed that the petitioner was involved in similar offences in Crime Nos. 685 of 2023, 148 of 2023, 439 of 2022 and Crime No.533 of 2023, and that the appellant though released on bail in Cr.M.P.No.4812 of 2025 in connection with the Crime No.559 of 2025, on 01.11.2025, failed to comply with the conditional order passed by the learned II Additional Sessions Judge, Tirunelveli. The trial Court hence dismissed the said bail application.

Challenging the said order, the present appeal has been filed.

3. The third respondent filed a detailed counter stating that the appellant was involved in the murder of his brother and so, he was charged for the offences under Sections 34, 120(B), 147, 148, 302 and 341 of IPC and Section 3(2)(v) of the SC/ST (PoA) Act, 1989, and that the case was now pending trial in S.C.No.75 of 2024 before the II Additional District and Sessions Court (PCR), Tirunelveli. The 3^rd respondent contended that for continuous non-compliance of the bail conditions, the bail granted to the petitioner in Crl.MP.No.3594/2024 was cancelled and the petitioner was taken into custody and remains so since 25.02.2025. Thereafter, the appellant filed the present petition seeking bail in Cr.M.P.No.504 of 2024 before the II Additional District and Sessions Judge, Tirunelveli and the same was dismissed on 11.11.2025, on reasonable grounds. The 3^rd respondent contended that due to the conduct of the appellant in not complying with the conditions imposed in the earlier bail petition and since there was a genuine apprehension that the petitioner would abscond, the appellant is not entitled to invoke the discretionary jurisdiction of this Court.

4. The learned Additional Public Prosecutor, submitted that the appellant is a habitual offender with criminal antecedents. Therefore, he prayed that this appeal may be dismissed as devoid of merits.

5. Today, the first respondent has filed a status report on the criminal antecedents of the appellant. It is seen from the report that the appellant is involved in the following cases:-

6. The learned Additional Public Prosecutor, further submitted that the appellant was also arrested in connection with the case in Crime No.559 of 2025 and was detained under Goondas Act in MHS.Confdl.No.115/2025 dated 03.09.2025, by the learned District Collector, Tirunelveli, on the recommendation of the Superintendent of Police, Tirunelveli District. The first respondent submitted that if the petitioner is enlarged on bail, he may abscond and tamper the witnesses. Hence, he prayed for dismissal of this appeal.

7. Heard