Madras High CourtCRL OP(MD)/127/2022dismissed

Vidhyanand @ Papli v. The Inspector Of Police

2022-01-06Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.127 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.127 of 2022 Vidhyanand @ Papli ... Petitioner/Accused Vs The state represented by The Inspector of Police, S S Colony Police Station, Madurai City.. ... Respondent/Complainant For Petitioner : M/s.Karthikeya.C, Advocate.

For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To release the petitioner / accused on bail in S.C No. 65 of 2020 on the file of the Honble VI Addl District and Sessions Judge, Madurai ORDER : The Court made the following order :- This petition is filed to release the petitioner / accused on bail in S.C No. 65 of 2020 on the file of the VI Additional District and Sessions Judge, Madurai.

2. The allegation against the petitioner is that the petitioner and others committed murder of the deceased for his refusal to retaliate the murder of their friend Manikandan. The petitioner is A1 in the case, he filed a bail petition in Crl.M.P.No.1119 of 2021 in S.C.No.65 of 2020 on the file of the VI Additional Sessions Judge, Madurai. That petition was dismissed by the Sessions Judge. Against the same, the petitioner filed this petition.

3. On the side of the petitioner, it is stated that already A2 and A11 were granted bail by this Court. The petitioner voluntarily surrendered himself and he is in custody for the past 782 days and prayed the petitioner to be released on bail. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.127 of 2022

4. On the side of the respondent, it is stated that the petitioner is the prime accused in this case and he is having 16 previous cases. 11 cases were registered in S.S.Colony police station. 3 cases were registered in Karimedu Police Station. 1 case was registered in Austinpatti police station. 1 Case was registered in Koodalputhur police station. The petitioner is having one murder case registered before the Austinpatti police station in Crime No.125 of 2019 and prayed the petition to be dismissed.

5. By way of reply, on the side of the petitioner, it is stated that the petitioner was acquitted in 3 cases ie. In C.C.Nos.237, 238 and 228 of 2018. All the cases are false cases and the petitioner is a law abiding citizen and prayed the petition to be allowed.

6. It is seen that the case was taken on file as S.C.No.65 of 2020. The petitioner is having multi number of cases, including a previous murder case. The nature of the offence is brutal murder. Considering the previous antecedents of the petitioner and considering the nature of the offence and also considering the fact that the case is pending trial, this Court is not inclined to grant bail to the petitioner. Hence, this Petition is dismissed. sd/- 06/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE S S COLONY POLICE STATION, MADURAI CITY.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.127 of 2022 Date :06/01/2022 SS/JM/SAR-I/19.01.2022 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2