High Court · 2025

Crl.O.P.No.31592 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 30.01.2025CORAM THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRACrl.O.P.No.31592 of 2024Ambeth @ Ambethkar... PetitionerVs.The Inspector of Police,G2 Periamedu Police Station,Chennai.(Crime No.333 of 2009)... RespondentPRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in in S.C.No.364 of 2024 on the file of the learned XV Additional Sessions Judge, Chennai. For Petitioner :Mr.K.Nivesh Kumar For Respondent :Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)O R D E RPetition seeking bail in respect of S.C.No.364 of 2024 pending on the file of the learned XV Additional Sessions Judge, Chennai, in connection with Crime No.333 of 2009 registered for the offences punishable under Sections 341, 336, 397, 506(ii) r/w Section 34 of IPC, is on board for consideration. 2. Learned counsel for the petitioner submits that the petitioner is an accused facing trial in S.C.No.364 of 2024 pending on the file of the learned XV Additional Sessions Judge, Chennai. He further submits that since the petitioner was unable to appear before the trial court on account of his 1 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31592 of 2024illness, a non-bailable warrant of arrest was issued against him by the trial Court and pursuant to the same, he was remanded on 29.08.2024 through PT warrant. He also submits that the petitioner is in custody for more than 5 months. He also submits that the petitioner undertakes that he would appear before the Trial Court on all hearing dates without fail and he would co-operate for speedy disposal of the trial. Hence, he prayed for grant of bail to the petitioner.3. Learned Government Advocate (Criminal Side) appearing for the respondent Police submits that as far as the present case is concerned, the non-bailable warrant issued against the petitioner in the year 28.02.2023 was executed under PT warrant on 29.08.2024. He further submits that the petitioner was arrested in Crime No.47 of 2024 registered on the file of the P1 Pulianthope Police Station for the offence under Sections 294(b), 323, 397, 427, 336 and 506(ii) of IPC, on 10.02.2024 and thereafter, remanded in the present case. He also submits that present case is of the year 2009 and that due to the absence of the petitioner, the case was split up against him and numbered as S.C.No.364 of 2024. He further submits that the petitioner is a notorious person having 33 previous cases and further, the non-bailable warrants pending against the petitioner in respect of other previous cases have also been executed. He also submits that four cases pending against the petitioner are at the stage of framing of charges and most of the cases registered against the petitioner are ripe for trial. Producing the abstracts of the cases pending against the petitioner, he would submit that if the 2 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31592 of 2024petitioner is released on bail at this stage, there is every possibility of his abscondence and being not available for trial proceedings. Hence, he vehemently opposed for grant of bail to the petitioner.4. The abstract of the cases registered against the petitioner, as produced by the learned Government Advocate (Criminal Side) is reproduced hereunder for ready reference:-3 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31592 of 20244 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31592 of 20245 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31592 of 20245. The learned Government Advocate has also produced a list containing statistics based on classification of offences alleged to have been committed by the petitioner and the same is also reproduced hereunder:-S.No.SectionsNo. of casesS.No.Stage of the casesNo. of cases1.302 IPC41.PT92.307 IPC52.Not Taken on File143.392 & 397 IPC183.Acquittal14.Arms Act & Explosive Act34.Under Investigation95.NDPS Act16. Other IPC2Total 33Total336. From a perusal of the statistics provided, the petitioner, who is now aged about 39 years, appears to have been history sheeted with "A+" category vide H.S.No.74/P1/R/2015 on the basis of his criminal antecedents from the year 2013. He has 33 criminal cases registered in various Police Stations of Chennai, Tambaram, Avadi and in the Districts of Kancheepuram, 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31592 of 2024Chingleput and Thiruvallur. Out of such cases, 4 cases have been registered under Section 302 IPC, 5 cases under Section 307 IPC, 18 cases under Sections 392 and 397 IPC, 3 cases under the Arms Act and Explosive Act. Added to the above, he has also one case registered under NDPS Act involving commercial quantity. 7. The petitioner being claimed to be such a notorious person as per the records of the Police, it is a sorry state of affairs that in cases pertaining to the years 2013 to 2020, final report has been filed only during the year 2024 and they are yet to be taken up on file. In respect of murder cases of the year 2015, final report has been filed only in the year 2024. Further, this court is unable to comprehend as to why charges are filed after 11 years in the cases registered under Section 397 IPC. When such enormous delay occurs, there is every likelihood for the witnesses to struggle for identifying the accused by recalling their memory, which may be taken advantage by the accused. 8. Such being the position, the petitioner, claiming that out of 33 cases, he had been granted bail in 30 cases, contends that he is a law abiding person and there is no likelihood of his abscondence in the event of grant of bail in the present case also. While it is the contention of the petitioner that he had been granted bail in 30 cases to construe that he would abide by law, the other side of the coin is that the petitioner appears to have been 7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31592 of 2024indulging into criminal activities as and when he comes out on bail. The scenario portrays the cat and mouse game being staged by the petitioner taking advantage of the delay on the part of the Police in proceeding with investigation, complying with NBWs and filing charge sheets and completing trial, which is highly deprecated. 9. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record including the details of the previous cases registered against the petitioner and considering the voluntary abscondence of the petitioner and taking note of his antecedents, this Court is not inclined to grant bail to the petitioner. Accordingly, the Criminal Original Petition stands dismissed.30.01.2025ham/ssk To1. XV Additional Sessions Judge, Chennai. 2. The Inspector of Police, G2 Periamedu Police Station, Chennai.3. The Public Prosecutor, High Court of Madras.Note to office:- A copy of this order be sent toi) Director General of Police, Chennai.ii) Commissioner of Police, 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31592 of 2024 Chennai City, Chennai 600 008. iii) Inspector General of Police, (North Zone), Alandur, Chennai 600 016 - for follow up action.9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31592 of 2024A.D.JAGADISH CHANDIRA., J.ham/ssk Crl.O.P.No.31592 of 202430.01.202510