GANESAN Vs. THE STATE REP.BY

JUDGEMENT

(1.) The appellant, who was arrested on 11.09.2017 under the Non-Bailable Warrant, which was issued on 20.03.2017, for the offence punishable under Sections 147 , 294(b) , 323 , 324 & 506(ii) of IPC r/w Sections 3 (1) (r)(s), 3 (iii) (Va) of SC/ST (POA) Act, 2015 in Crime No.258 of 2014 on the file of the respondent Police, seeks bail.

(2.) The case of the prosecution is that the de facto complainant is the taxi driver and when he was crossing the occurrence place, the accused persons stood in the middle of the road. Hence, the de facto complainant, questioned them, therefore, the wordy altercation arose between them. Consequently, accused persons abused the de facto complainant by using filthy language in order to defame the community name of the de facto complainant. Further, the accused persons attacked the de facto complainant by using wooden log and they caused injuries to him. Further, the accused persons caused serious life threat to the de facto complainant with dire consequences.

(3.) The learned Additional Public Prosecutor appearing for the respondents Police on instruction would submit that totally there are 6 accused in S.C.No.166 of 2016 pending on the file of the II Additional District & Sessions Judge, Tirunelveli and the appellant herein is arrayed as A1 in the said case. He further submitted that since A1 was absent on 20.03.2017, NBW was issued against the appellant and was executed on 11.08.2017 and now he is in judicial custody. He also submitted that now case is posted for framing charges, on 08.11.2017 and the said NBW was issued for the first time against the appellant in the said Sessions case proceedings. He also submitted that the appellant was absconding for more than 5 months without any sufficient reasons.