CHINNATHAMBI Vs. STATE

JUDGEMENT

(1.) Criminal Original Petition has been filed seeking to enlarge the petitioner herein, on bail in P.R.C.No.1 of 2002, on the file of the learned Judicial Magistrate-II, Mettur, Salem, in connection with the Crime No.1636 of 2000, on the file of the respondent Police.

(2.) Learned counsel for the petitioner submitted that the petitioner is an innocent person, who was arrayed as A5 in this case. He further submitted that the petitioner was not aware of the his implication in this case, whereas, the respondent after completing investigation has filed the final report in P.R.C.No.6 of 2001 stating that the petitioner is an absconding accused, thereafter, no summons were issued to the petitioner. He further submitted that the trial Court, on finding that the petitioner is an absconding accused, issued a non-bailable warrant against him on 9/1/2002 and also split up the case against the petitioner and numbered as P.R.C.No.1 of 2002 and in respect of other accused, the case has been committed in Spl.S.C.No.49 of 2002 and they have been acquitted by the trial Court on 31/1/2005.

(3.) He further submitted that it is a case of love affair between A1 and the victim girl and the A1 has kidnapped the victim girl and alleged to have committed penetrative sexual assault on the her and other accused have abetted A1 in the alleged crime. He also stated that since because the respondent suspects that the petitioner is the friend of A1, implicated him in this case. He also stated that the petitioner is in custody from 12/1/2023 and he is ready to furnish adequate sureties and also ready to co-operate for speedy disposal of the trial. Therefore, he prays for grant of bail to the petitioner.