DHANASEKARAN Vs. STATE

JUDGEMENT

(1.) The present petition has been filed by the petitioner to enlarge him on bail in connection with the case in S.C. No.270/2009 on the ground that the period of incarceration of the petitioner for more than 576 days is in violation of Article 21of the Constitution.

(2.) It is the case of the prosecution that the criminal machinery was set in motion by registration of FIR based on the complaint of one Thamaraiselvi,who alleged that the petitioner along with two other accused, attacked her husband Selvam and murdered him, which act was in furtherance of a criminal conspiracy hatched between the petitioner and the other accused. Pursuant to the complaint and registration of the case, the respondent apprehended and arrested the petitioner and remanded him to judicial custody.

(3.) Initially bail was granted to the petitioner, but due to the default of the petitioner on 30.7.2019 to appear before the court in pursuant to the condition imposed, NBW was issued for securing the petitioner/accused and, accordingly, the NBW was executed on 8.11.2019. In furtherance to the said arrest, seeking bail once again, the petitioner moved C.M.P. No.383/2021 before the trial court, which dismissed the said petition and aggrieved by the said dismissal, the petitioner is before this Court by filing the present petition.