Madras High CourtCRL OP/6945/2021dismissed

M.Murugan v. State Rep By

2021-04-15Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifteenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION Nos.6945, 6946, 6947, 6949, 6956, 6957 and 6958 of 2021 IN C.C.NO.1624, 1638 OF 2019, PRC.NO.NOT KNOWN OF 2019, C.C.NO.1625, 1945 OF 2019, PRC.NO.104 OF 2019, & C.C.NO.2096 OF 2019 ON THE FILE OF THE JUDICIAL MAGISTRATE NO.V, COIMBATORE. M.MURUGAN [ PETITIONER / ACCUSED IN ALL PETITIONS ] Vs STATE REP BY [ RESPONDENT THE INSPECTOR OF POLICE, IN ALL PETITIONS ] PERIYANAICKENPALAYAM POLICE STATION, COIMBATORE DISTRICT.

For Petitioner : M/S.E.C.RAMESH Advocate [IN ALL PETITIONS] For Respondent : M/S. M.PRABHAVATHI, Additional Public Prosecutor [IN ALL PETITIONS] PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The Petitioner in all the petitions is one M.Murugan and he was arrested on 27.12.2020 and remanded to judicial custody for the offences under Section 392 of I.P.C in Cr.Nos.514 of 2010, 797 of 2011, 817 of 2011, 225 of 2009, 815 of 2011, 628 of 2011, 799 of 2011 on the file of the respondent police, seeks bail.

2.The case of the prosecution in all the petitions is that earlier the petitioner was granted bail by the Court below and the respondent

police filed a charge sheet and the same was taken on file when the matter was posted for the appearance of the petitioner, the petitioner did not appear before the trial Court. Hence, the learned Magistrate issued NBW against the petitioner and the petitioner was secured on 27.12.2020 and thereafter he has filed another bail petition before the Court below and the same was dismissed. Hence, this petition.

3. The learned counsel for the petitioner submits that the petitioner is now ready to appear before the court and to abide by any stringent conditions imposed by this Court. Hence he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor submits that the petitioner is a habitual offender and there are 10 previous against the petitioner. He further submits that inspite of the bail granted by the Court below, he failed to appear and NBW was also issued against him. Hence, she vehemently opposed for grant of bail to the petitioner.

5. Taking into consideration the facts of the case and the nature of offence committed by the petitioner, this Court is of the opinion that it would not be justiciable to grant bail to the petitioner.

6. Accordingly, these Criminal Original Petitions are dismissed. -sd/- 15/04/2021 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 JUDICIAL MAGISTRATE NO.V, COIMBATORE.

2 THE INSPECTOR OF POLICE, PERIYANAICKENPALAYAM POLICE STATION, COIMBATORE DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

CC to M/S.E.C.RAMESH Advocate on payment of necessary charges CRL OP.6945/2021 Date :15/04/2021 MN-10/05/2021