Madras High CourtCRL OP/4933/2021dismissed

S.Mariyadoos v. State Rep By

2021-04-07Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Seventh day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.4933 of 2021 S.MARIYADOSS [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, M-5, ENNORE POLICE STATION, ENNORE, CHENNAI (CRIME NO.191 OF 2010) For Petitioner : M/S.S.PONNIVALAVAN Advocate For Respondent : M/S.M.PRABHAVATHI, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested on 06.01.2020 for the offence under Sections 394, 398 of I.P.C. in Cr.No.191 of 2010 on the file of the respondent police, seeks bail.

2.It is the case of the prosecution that the petitioner was implicated for the offence under Sections 394, 398 of I.P.C. Subsequently, the petitioner was enlarged on default bail. When the case was posted for hearing he did not appear before the Court. Accordingly, the lower Court issued Non Bailable Warrant against the petitioner for his non appearance and he was secured on 06.01.2020.

3.The learned counsel appearing for the petitioner would submit already the petitioner was enlarged on default bail by the concerned lower Court, however, his non appearance before the lower Court is neither willful nor wanton, due to his ignorance he was unable to appear before the lower Court. Hence, Non Bailable Warrant was issued against the petitioner.

4.The learned Additional Public Prosecutor submitted that there are five previous cases pending as against the petitioner and vehemently opposed for grant of bail to the petitioner. 5.Considering the fact that there are five previous cases pending against the petitioner, this Court is not inclined to grant bail to the petitioner.

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6.Accordingly, this criminal original petition is dismissed. -sd/- 07/04/2021 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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

2 THE INSPECTOR OF POLICE, M-5, ENNORE POLICE STATION, ENNORE, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to S/O.S.PONNIVALAVAN Advocate on payment of necessary charges CRL OP.4933/2021 Date :07/04/2021 MK:19/05/2021 https://hcservices.ecourts.gov.in/hcservices/