SUMAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 6/8/2022 for the offences punishable under Ss. 294(b), 506(ii), 448 of IPC and Sec. 3(1) of TNPPDL Act, in Crime No.166 of 2016 on the file of the respondent police in S.C.No.205 of 2016 on the file of the Additional District Judge, Mayiladuthurai, seeks bail.

(2.) It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 6/8/2022 pursuant to the issuance of non bailable warrant on 13/7/2022 in S.C.No.205 of 2016 on the file of the Additional District Judge, Mayiladuthurai.

(3.) The learned Counsel for the petitioner would submit that the petitioner is facing trial in S.C.No.205 of 2016 on the file of the Additional District Judge, Mayiladuthurai, for the offences punishable under Ss. 294(b), 506(ii), 448 of IPC and Sec. 3(1) of TNPPDL Act and he was regularly appearing before the Court. He further submitted that the petitioner is also accused in S.C.No.171 of 2018 which is also pending before the same Judge. He would submit that the bail granted to the petitioner in S.C.No.171 of 2018, was cancelled and thereby, the petitioner was unable to appear before the trial Court in S.C.No.205 of 2016 on 13/7/2022 due to which, Non Bailable Warrant of arrest came to be issued against the petitioner pursuant to which, the petitioner was arrested and remanded to judicial custody on 6/8/2022. Subsequently, the petitioner was arrested and remanded to judicial custody in S.C.No.171 of 2018 on 8/8/2022. He would submit that the petitioner was regularly appearing before the Court. On account of cancellation of bail in S.C.No.171 of 2018, the petitioner was taking steps to get orders from the Court and thereby, the petitioner was unable to appear before the Court and that the absence of the petitioner before the trial Court is neither wilful nor wanton. He further submitted that the petitioner had moved an application for bail in S.C.No.171 of 2018 before this Court in Crl.O.P.No.11616 of 2023 and this Court by order dtd. 18/5/2023, granted bail to the petitioner whereas, on account of the arrest of the petitioner in S.C.No.205 of 2016, the petitioner is still languishing in jail. Hence, he would pray for grant of bail to the petitioner. Further, he would submit that a direction may be issued to the trial Court to complete the trial as expeditiously possible.