KATHIRESAN Vs. STATE

JUDGEMENT

(1.) Criminal Original Petition has been filed seeking to enlarge the petitioners herein, on bail in S.C.No.123 of 2018, on the file of the learned 5th Additional District Judge, Coimbatore, in connection with the Crime No.1117 of 2013, on the file of the respondent Police.

(2.) Learned counsel for the petitioners submitted that the petitioners are arrayed as A1, A4 and A5 respectively, who are facing trial in S.C.No.123 of 2018 for the alleged offence under Ss. 147, 341 IPC and Sec. 3(i) of TNPPDL Act, pending on the file of the learned 5thAdditional District Judge, Coimbatore. He further submitted that the petitioners have been all along regularly appearing before the Court on all hearing dates, while so, due to their illness, the petitioner 2 was unable to appear before the Court on 7/3/2022 and the petitioners 1 and 3 were unable to appear before the Court on 11/10/2022 and also due to mis-communication, they were unable to file the petition under Sec. 317 Cr.P.C. He further stated that since the petitioners did not appear before the Court, Non Bailable Warrants were issued against them on 7/3/2022 and 11/10/2022 respectively and pursuant to which, they were arrested from their respective homes on 23/1/2023 and they are in custody for more than a month. He also stated that the petitioners are prepared to abide by any stringent condition that may be imposed by this Court and also they are ready to co-operate for speedy disposal of the trial. Therefore, he prays for grant of bail to the petitioners.

(3.) Learned Additional Public Prosecutor appearing for the respondent submitted that since the petitioners have failed to appear before the Court, Non-Bailable Warrants were issued by this Court against them on 7/3/2022 and 11/10/2022 respectively, and pursuant to the same, they were arrested on 23/1/2023. He further submitted that no previous case is pending as against these petitioners and also submitted that since the accused have been absconding one after another, there is no progress in the trial, hence, he opposed to grant bail to the petitioners.