Kalidass v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI KALIDASS ... PETITIONER / ACCUSED NO.1 Vs THE INSPECTOR OF POLICE KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.
CRIME NO.110 OF 2023.
... RESPONDENT / COMPLAINANT For Petitioner : MR.G.D.MANIKANDAN, Advocate For Respondent : MR.B.NAMBISELVAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
PRAYER:
TO RELEASE THE PETITIONER ON BAIL IN CC.NO.274 OF 2023 ON THE FILE OF THE LEARNED JUDICIAL MAGISTRATE,KARAIKUDI. ORDER : The Court Made the following order :- The petitioner / Accused No.1, who is facing trial in C.C.No.274 of 2023 on the file of the learned Judicial Magistrate, Karaikudi for the offences punishable under 1/3
Sections 406, 420, 294(b) and 506(ii) of I.PC., in Crime No.110 of 2023, on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the petitioner along with other accused committed the offence of criminal breach of trust to the defacto complainant and cheated a sum of Rs.16,88,000/- from him and also abused him in filthy language and threatened him with dire consequences. Hence the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution.
4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that this Court had already granted bail on 22.06.2023 in Crl.O.P.(MD).No.11146 of 2023 with a condition to deposit a sum of Rs.4,00,000/- before the concerned Court and however, the said order has not been complied with by the petitioner. He would further submit that the charge sheet has also been filed before the concerned Court.
5. Considering the facts and circumstances of the case and considering the fact that the charge sheet has also been filed before the concerned Court and also considering the fact that since the petitioner has not complied with the conditions imposed by this Court in the earlier bail petition, at this stage, the second bail 2/3
application filed by the petitioner is not permissible in law, this Court is not inclined to grant bail to the petitioner herein.
6. In view of the above, the Criminal Original Petition stands dismissed. sd/- 05/01/2024 / TRUE COPY / / /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO THE JUDICIAL MAGISTRATE, KARAIKUDI DO THROUGH: THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT.
THE INSPECTOR OF POLICE KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.
THE OFFICER INCHARGE DISTRICT JAIL, RAMANATHAPURAM.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.G.D.MANIKANDAN, Advocate ( SR-278[I] dated 05/01/2024 )
ORDER
IN Date :05/01/2024 PKP/DD/SAR- /10.01.2024/ 3P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3