RAMKUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to set aside the order passed by the learned Sessions Judge, Villupuram Sessions Division, Villupuram, Villupuram District dtd. 23/11/2018 in Crl.M.P.No.6128 of 2018 in Crl.M.P.No.5333 of 2018.

(2.) The petitioner/accused, in Crime No.487 of 2018, was arrested by the respondent police on 1/8/2018. Thereafter, he moved a bail application in Crl.M.P.No.5333 of 2018 and the learned Sessions Judge, Villupuram, by an order dtd. 10/8/2018 granted bail to the petitioner. Only thereafter, the respondent police had taken steps to arrest the petitioner in Crime No.485 of 2018 and PT Warrant was also issued against him by the learned Sessions Judge, Villupuram. After coming to know about the same, fearing arrest at the hands of the respondent police in Crime No.485/2018, he has not complied with the condition of appearing before the respondent police, for which, cancellation of bail petition has been filed in Crl.M.P.No.6128 of 2018. The learned Sessions Judge, Villupuram, by an order dtd. 23/11/2018, cancelled the bail. Against which, the present petition.

(3.) The learned counsel for the petitioner submitted that both the Crime Nos.485 of 2018 and 487 of 2018 were registered by the same police station, viz. Kandamangalam Police Station. Despite the petitioner's involvement in Crime No.485 of 2018 is known to the respondent Police, the petitioner was arrested in Crime No.487 of 2018, for obvious reasons, they have not shown the arrest of the petitioner in Crime No.485 of 2018, which was earlier registered and only with an intention to harass the petitioner, P.T. Warrant was obtained by the respondent police. The petitioner apprehending harassment and oppression has not appeared before the respondent Police and failed to comply with the condition imposed in Crl.M.P.No.5333/2018. He further submitted that now, investigation in Crime No.487 of 2018 completed, charge sheet filed and taken on file as P.R.C.No.20 of 2022 by the learned Judicial Magistrate No.II, Villupuram. With regard to the case in Crime No.485 of 2018, investigation completed, charge sheet filed and the same is taken on file as S.C.No.22 of 2018, which is pending before the learned Special Sessions (SC/ST) Court, Villupuram . The petitioner will appear in both the cases and he will not be the reason for any delay.