Madras High CourtCRL OP/7167/2022dismissed

Thirunavukarasu v. The State Rep By Its

2022-04-11Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Eleventh day of April Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.7167 of 2022 IN S.C.NO.180 of 2017 (ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SALEM DISTRICT) THIRUNAVUKARASU [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, KITCHIPALAYAM POLICE STATION, SALEM DISTRICT.

CRIME NO.45 OF 2015.

For Petitioner : M/S.M.RAKHI Advocate For Respondent : MR. S.UDAYAKUMAR, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 18.06.2019 for the offence punishable under Sections 148, 449, 341, 302 read with 149 of IPC in Crime No.45 of 2015 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that during the trial in SC.No.180 of 2017 on the file of the III Additional District Judge, Salem, the petitioner/accused was absent on 18.03.2019 and therefore, NBW was issued against him and arrested on 18.06.2019.

3. The learned counsel appearing for the petitioner submitted that due to ill health, the petitioner could not attent the Court on that day. The petitioner is ready to cooperate with the trial and will abide to any condition that may be imposed by this Court. Hence, he prays to grant bail.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate submitted that this is the 3rd bail application of the petitioner and there are 22 previous cases pending against him. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the fact that the petitioner is history sheeter, the offence is grievous in nature and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 11/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE III ADDITIONAL DISTRICT JUDGE, SALEM.

2 THE INSPECTOR OF POLICE, KITCHIPALAYAM POLICE STATION, SALEM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

CC to M/S.M.RAKHI Advocate on payment of necessary charges CRL OP.7167/2022 Date :11/04/2022 RW 28/04/2022 https://hcservices.ecourts.gov.in/hcservices/