Madras High CourtCRL OP/18660/2021dismissed

Madhu v. The State Rep.By

2021-10-05Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18660 of 2021 IN S.C.NO.177 of 2015 (ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SALEM) MADHU [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, YETHAPUR POLICE STATION, SALEM DISTRICT.

CRIME NO.21/2004 For Petitioner : M/S. C.KULANTHAIVEL Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 19.08.2021 and remanded to judicial custody for the offences under Sections 364, 147, 148, 324, 302 r/w 149 and 201 of IPC, in S.C.No.177 of 2015 on the file of the III Additional District Judge, Salem, in Crime No.21 of 2004 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that when the case is pending at trial stage, the petitioner did not appear before the trial Court for hearings, the trial Court had issued NBW against the petitioner dated 19.11.2020. Further, the petitioner remanded in another case in crime No.368 of 2021 on the file of Valappady Police Station on 08.07.2021 and the petitioner was under judicial custody for this case from 19.08.2021 onwards.

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3. The learned counsel for the petitioner submitted that the petitioner is now ready to appear before the trial Court and to abide by any stringent conditions imposed by this Court. He further submitted that the petitioner was already granted bail by this Court in Crl.O.P.No.14606 of 2021 dated 08.09.2021 in Crime No.368 of 2021. Hence he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that there is one previous case previous pending against the petitioner and if the petitioner is enlarged on bail, there is no progress in the trial. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that there is one previous case pending against the petitioner and he has involved in very serious offence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 05/10/2021 This order, on being produced, be punctually observed and carried into execution by all concerne TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 III ADDITIONAL DISTRICT JUDGE, SALEM.

2 THE SUPERINTENDENT, CENTRAL PRISON,SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, YETHAPUR POLICE STATION, SALEM DISTRICT.

+1 CC to M/S. C.KULANTHAIVEL Advocate on payment of necessary charges SR.NO.11020 CRL OP.18660/2021 Date :05/10/2021 RW 26/10/2021 https://hcservices.ecourts.gov.in/hcservices/