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Madras High CourtCRL OP/13665/2018dismissed

Sundar @ Sakthivel @ Maduvupet v. State Rep. By Its

2018-06-13Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr Justice RMT. TEEKAA RAMAN CRIMINAL ORIGINAL PETITION No.13665 of 2018 SUNDAR @ SAKTHIVEL @ MADUVUPET [ PETITIONER / ACCUSED ] SUNDAR, Vs STATE REP. BY ITS [ RESPONDENT ] THE STATION HOUSE OFFICER, D` NAGAR POLICE STATION, PUDUCHERRY DISTRICT.

CR.NO.33/2017 For Petitioner : M/S.W.CAMYLES GANDHI Advocate For Respondent : MR. BHARATHA CHAKRAVARTHY, PUBLIC PROSECUTOR (PONDICHERRY) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under Sections 147, 148, 342, 302, 201 of I.P.C read with Section 149 of I.P.C in Crime No.33 of 2017 on the file of the respondent Police, seeks bail.

2. The learned counsel for the petitioner submitted that he was originally granted statutory bail on 12.06.2017, and though no notice has been issued to him with regard to the cancellation of bail ordered in Crl.M.P.No.4568 of 2017, NBW is issued against the petitioner. The petitioner is in custody from 18.12.2017.

3. The learned Government Advocate (Crl. side), has submitted that the petitioner is A1 and he was involved in 16 previous cases, out of which six cases are of the offence under Section 302 IPC. For non compliance of the condition imposed while granting bail earlier, the prosecution has moved the petition for cancellation of bail after service of notice on the counsel for the accused, and the bail was cancelled on 7.11.2017, but he was arrested in another crime No.141 of 2017. Subsequently, on P.T. warrant, he was again arrested.

4. Heard both sides and perused the records.

5. After considering the submissions of both the parties, it is seen that earlier Crl.O.P.No.2720 of 2018 was dismissed by this Court on 26.3.2018 and considering that there is no change of circumstances subsequent to the order of dismissal passed by this Court and also taking into account the antecedents of the petitioner herein who has been subsequently apprehended and remanded the judicial custody and that the matter is in committal stage, I am not inclined to grant bail. The petition is dismissed. The Court below is hereby directed to expedite the committal proceedings.

-sd/- 13/06/2018 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.I, PUDUCHERRY.

2 THE SUPERINTENDENT, CENTRAL PRISON, KALAPET.

3 THE PUBLIC PROSECUTOR PONDICHERRY.

4 THE STATION HOUSE OFFICER, D` NAGAR POLICE STATION, PUDUCHERRY DISTRICT.

CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges CRL OP.13665/2018 Date :13/06/2018 ths : 19.06.2018