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Judgment
8 paragraphs · 400 wordsK. Rajasekar, J
The petitioner herein, who was arrested and remanded to judicial custody on 17.02.2025 based on a NBW issued on 23.07.2019 in P.R.C.No.29 of 2018 on the file of the learned Judicial Magistrate, Pappireddipatti for the offences punishable under Sections 379, 392, 394 and 451 of IPC, seeks bail. The earlier bail application of the petitioner was dismissed by this Court, vide order dated 13.08.2025 in Crl.O.P.No.22595 of 2025 on the following observations.
"3. On perusal of the records, it is seen that the petitioner is involved more than 20 cases of a similar nature. Due to his abscondence, none of the cases are progressing. Now the petitioner has been secured by the police, the case can be tried after splitting up the case as against the absconding accused. If the petitioner released on bail, he is likely to abscond again and may not be available for trial. Hence, the respondent police is directed to split up the case against the absconding accused and proceed with the trial."
The learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 17.02.2025; that while dismissing the earlier bail application of the petitioner, this Court directed the Trial Court to split up the case as against the absconding accused and proceed with the trial, however the trial is not progressing; and that the petitioner is ready to abide by any condition that may be imposed by this Court, hence sought for bail to the petitioner.
The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner submitted that the the petitioner has 37 previous cases and has absconded for nearly 6 years; that the other co-accused in this case are still absconding and non bailable warrant pending. He further submitted that the respondent police is contemplating to split up the case and proceed with the trial as against this petitioner.
Considering the previous antecedents of the petitioner and the fact that the petitioner has absconded for nearly six years, this Court is not inclined to grant bail to the petitioner.
However, as per the direction of this Court, vide order dated 13.08.2025 in Crl.O.P.No.22595 of 2025, the Trial Court is directed to split up the case against the petitioner and complete the trial proceedings at the earliest.
Accordingly, this criminal original petition stands dismissed.