SUNDARAMURTHY Vs. STATE

JUDGEMENT

(1.) THIS appeal has arisen from the order of dismissal made by the Special Judge for Trial of Bomb Blast and POTA Cases, Poonamallee at Chennai, in Crl.M.P.No,244/2009 in Spl.C.C.No,4 of 2006 wherein the appellant was shown as the 34th accused.

(2.) THE Court heard the learned counsel for the appellant/petitioner and also the respondent/State.

(3.) THE application was mainly objected to by the learned Special Public Prosecutor, on the ground stating that it is true, the appellant is the 34th accused. Whether the evidence is available or not is a matter of appreciation at the time of trial and not at this stage. It is also true the writ petition is pending in respect of the review committee but no stay of trial proceedings was granted by this Court. THE trial could not be proceeded, not because of the pendency of the writ petition, but because of the abscondance of the other four co-accused. After the bail was granted in favour of the other four accused, they did not appear before the Court for trial and the non-bailable warrant was also issued against them which is pending for a long time. THE matter is ripe for trial. THE appellant is absconding for early 5 years from the date of occurrence and with great difficulty, he was secured. If he is let on bail, he may again abscond and there is no assurance that he will appear for trial. Under such circumstances, the appeal got to be dismissed.