Madras High CourtCRL OP/15327/2019dismissed

K.Nirbay Kumar v. The Inspector Of Police

2019-06-18Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Eighteenth day of June Two Thousand Nineteen PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15327 of 2019 K.NIRBAY KUMAR [ PETITIONER / ACCUSED ] Vs THE STATE OF TAMIL NADU, [ RESPONDENT ] REP. BY THE INSPECTOR OF POLICE, J-2 ADAYAR POLICE STATION, CHENNAI -600 020.

CR.NO.169 OF 2018 For Petitioner : M/S.C.K.M.APPAJI Advocate For Respondent : M/S.S.THANKIRA, 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 02.03.2018 for the offence under Sections 450, 307 IPC r/w. Section 40 of the Tamil Nadu Prevention of Women Harassment Act, and subsequently altered to Sections 450, 354A and 307 of IPC in Cr.No.169 of 2018 on the file of the respondent police (S.C.No.502 of 2018 on the file of the learned Sessions Judge, Mahila Court, Chennai), seeks bail.

2.It is the case of the prosecution that the petitioner being a security staff trespassed into the house of the victim girl and attacked her and when she tried to escape, the petitioner attempted to kill her.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl. Side) submits that earlier, the petitioner approached this Court by filing Crl.O.P.No.23978 of 2018 and Crl.O.P.No.4869 of 2019 respectively and this Court vide orders dated 10.10.2018 and 11.03.2019 respectively, dismissed the said petitions.

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5.Since there is no change in circumstances subsequent to the order passed in Crl.O.P.No.23978 of 2018 and Crl.O.P.No.4869 of 2019, I am not inclined to grant bail to the petitioner. 6.Accordingly, the criminal original petition is dismissed. -sd/- 18/06/2019 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.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE J-2 ADAYAR POLICE STATION, CHENNAI -600 020.

CC to M/S.C.K.M.APPAJI Advocate on payment of necessary charges CRL OP.15327/2019 Date :18/06/2019 MK:09/07/2019 https://hcservices.ecourts.gov.in/hcservices/