Madras High Court
Thadi Iyyanar @ Iyyanar vs Superintendent Of Police on 12 July, 2023
CRL A No.221 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2023
Coram:
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
Criminal Appeal No.221 of 2023
Thadi Iyyanar @ Iyyanar ... Appellant
Vs.
1. Superintendent of Police
Puducherry
2. State Represented by
The Station House Officer
Villianur Police Station, Puducherry
(Crime No.185 of 2018)
3. K.Innarasan ... Respondents
Prayer: Criminal Appeal filed under Section 14(A)(2) of SC/ST Act,
1989, to set aside the order passed by the learned II Additional Sessions
Judge, Puducherry, in Crl.M.P.No.3182 of 2022 dated 19.12.2022 and
enlarge the appellant on bail in Spl.S.C.No.01 of 2019 on the file of the
learned II Additional Sessions Judge, Puducherry.
For Appellant : Mr.M.P.Yuvaraj
For R1 and R2 : Mr.K.S.Mohandass
Public Prosecutor
Assisted by M/s.N.Danalatchoumy
1/6
https://www.mhc.tn.gov.in/judis
CRL A No.221 of 2023
JUDGMENT
The Criminal Appeal is filed against the order passed by the
learned II Additional Sessions Judge, Puducherry, in Crl.M.P.No.3182 of
2023 dated 19.12.2022 and to enlarge the appellant on bail in
Spl.S.C.No.1 of 2019.
2.The appellant/accused had filed a petition under Section
439(1)(a) Cr.P.C. in Crl.M.P.No.3182 of 2023 seeking to enlarge him on
bail. The learned II Additional Sessions Judge, Puducherry, in his order
dated 19.12.2022, had observed thus;
5. Heard both side, records perused.
On perusal of the records, it is evident that
because of the absence of the accused, on
07.10.2021, the accused was arrested on
execution of NBW and remanded to judicial
custody. Thus it is evident, because of the
absence of the accused before this court, the
trial of the case is stalled. Inspite of
issuance of warrant also, this accused has
not cared to recall the NBW and the accused
was produced on 07.10.2021 on execution of
the NBW and remanded to judicial custody.
The trial of the case has already started and
https://www.mhc.tn.gov.in/judis
CRL A No.221 of 2023
the case is at Argument stage. Considering
the facts and circumstances of the case and
the stage of the case, the presence of the
accused is very essential for the speedy
disposal of the case, hence, this court is not
inclined to grant bail and this petition is
dismissed at this stage.
3. Mr.M.P.Yuvaraj, learned counsel appearing for the appellant
contended that the appellant/accused has been in prison for more than 1½
years and therefore, he may be enlarged on bail.
4. Mr.K.S.Mohandass, learned Public Prosecutor, Assisted by
Ms.N.Danalatchoumy, appearing for the respondent police contended
that subsequent to the filing of the present FIR, the appellant/accused
involved in the offences punishable under Sections 294(b), 324, 307,
506(ii) IPC in Crime No.276 of 2021 registered by the Villianur Police
and since the present case is filed for the offence under Section 302 IPC
also, the appellant should not be released on bail. He would further
submit that the case is now posted for arguments on 18.07.2023.
https://www.mhc.tn.gov.in/judis
CRL A No.221 of 2023
5. A perusal of the order passed by the trial Judge shows that the
appellant jumped bail and even after issuance of Non Bailable Warrant
against him on 21.09.2021, he did not even file a petition under Section
70(2) Crl.P.C. to recall the Non Bailable Warrant issued against him. On
the contrary, he was arrested by the police on 07.10.2021. Further, the
case is now posted for arguments. Therefore, at this stage, this Court does
not find any reason to enlarge the petitioner on bail.
6. Accordingly, this Criminal Appeal is dismissed.
12.07.2023
ksa-2
Index:Yes/No
Speaking Order: Yes/no
Neutral Citation: Yes/no
https://www.mhc.tn.gov.in/judis
CRL A No.221 of 2023
To
1. The II Additional Sessions Judge, Puducherry.
2. The Superintendent of Police, Puducherry
3. The Station House Officer
Villianur Police Station, Puducherry
4. The Public Prosecutor Officer, High Court, Madras
5. The Section Officer, Criminal Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis
CRL A No.221 of 2023
R.HEMALATHA. J.
Ksa-2
Criminal Appeal No.221 of 2023
12.07.2023
https://www.mhc.tn.gov.in/judis
