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Madras High CourtCRL OP/5781/2021dismissed

Thiruttukumar @ Ganeshkumar v. State Rep By

2021-07-06Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Sixth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice C.V. KARTHIKEYAN CRIMINAL ORIGINAL PETITION No.5781, 5782 & 5784 of 2021 S.C.NO.150 of 2019 S.C.NOS.201 & 202 of 2016 (ON THE FILE OF THE DISTRICT AND SESSIONS JUDGE, NAGAPATTINAM) THIRUTTUKUMAR @ GANESHKUMAR [ PETITIONER / ACCUSED IN ALL THE PETITIONS] Vs STATE REP BY [RESPONDENT IN CRL.O.P.NO.5781 & 5782/2021] THE INSPECTOR OF POLICE, VELANKANNI TOWN POLICE STATION, NAGAPATTINAM DISTRICT.

(CR.NO.36/2019) (CRL.O.P.No.5781/2021) (CR.NO.02/2016) (CRL.O.P.No.5782/2021) STATE REP.BY [RESPONDENT IN CRL.O.P.NO.5784/2021] THE INSPECTOR OF POLICE, NAGAPATTINAM TOWN POLICE STATION, NAGAPATTINAM DISTRICT.

(CR.NO.01/2016) (CRL.O.P.No.5784/2021) For Petitioner : M/S.J.JAWAHAR, Advocate [IN ALL THE PETITIONS] For Respondent : M/S.SUGANTHAN, PUBLIC PROSECUTOR [IN ALL THE PETITIONS] PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- All these Criminal Original Petitions are filed seeking to enlarge the petitioner herein on bail in S.C.No.105 of 2019 now pending on the file of the District and Sessions Court, Nagapattinam and in S.C.Nos.201 and 202 of 2016 also pending on the file of the District and Sessions Court, Nagapattinam.

2.Earlier petitions seeking bail had been dismissed by order of this Court. A status report was requested to be filed by the Inspector of Police and the learned Public Prosecutor has accordingly filed a status report with respect to each one of the three cases. 3.The petitioner herein had been arrested and remanded to Judicial custody on 25.03.2019 on execution of non-bailable warrant for the offences primarily punishable under Section 302 of IPC along with other offences included 341, 448 and 449 of IPC with respect to which Sessions trials are in progress.

4.The petitioner was initially granted bail. But he did not comply with the conditions and a non-bailable warrant had to be issued and later he was secured and taken into custody on 25.03.2019. The petitioner herein had also been detained under Act 14 of 1982. 5.In the status report, a detailed history of the antecedents of the petitioner has been listed and though they may not be the compelling factors, it has been further stated in the status report that there is also a danger to the life of the petitioner, if he is enlarged on bail.

6.Taking into consideration, the antecedents and also the fact that trial is pending on the file of the District and Sessions Judge, Nagapattinam and also the fact that on an earlier occasion, the petitioner had violated the terms of the bail granted to him, I am not inclined to grant bail to the petitioner. The Criminal Original Petitions are dismissed.

-sd/- 06/07/2021 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 INSPECTOR OF POLICE, VELANKANNI TOWN POLICE STATION, NAGAPATTINAM DISTRICT.

2 THE INSPECTOR OF POLICE, NAGAPATTINAM TOWN POLICE STATION, NAGAPATTINAM DISTRICT.

3 THE DISTRICT AND SESSIONS JUDGE, NAGAPATTINAM.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.J.JAWAHAR Advocate on payment of necessary charges CRL OP.5781, 5782 & 5784/2021 Date :06/07/2021 TA-23/07/2021