Sabariselvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SABARISELVAM ... PETITIONER / ACCUSED NO.2 Vs THE INSPECTOR OF POLICE DEVARKULAM POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.43/2022 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.JEGADEESHA PANDIAN.V.M, Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:

TO RELEASE THE PETITIONER/ACCUSED NO.2 ON BAIL IN CONNECTION WITH SC.NO.222/2022 ON THE FILE OF THE ADDITIONAL COURT NO.III, TIRUNELVELI ORDER : The Court Made the following order :- The petitioner/A2, who is facing trial for the offences punishable under Sections 294(b), 342, 302 and 506(ii) of IPC in S.C.No.222 of 2022 on the file of the 1/3

Additional Court No.III, Tirunelveli, in Crime No.43 of 2022 on the file of the respondent police, seeks bail.

2.The petitioner was absent during the trial in S.C.No.222 of 2022 before the Additional District Court No.III, Tirunelveli and hence, the trial Court issued NonBailable Warrant against the petitioner on 13.09.2023. Therefore, the respondent police secured the petitioner and remanded to judicial custody on 13.09.2023. 3.Heard the learned counsel on either side and perused the material records of the case.

4.It appears that this is the second application for bail and the earlier bail application filed by the petitioner in Crl.O.P(MD)No.20330 of 2023 was dismissed by this Court on 21.12.2023. Now, this application is filed by the petitioner without referring the change of circumstances to consider the case. 5.It is reported by the learned Additional Public Prosecutor that the petitioner is having ten previous cases.

6.Considering the previous antecedents of the petitioner and also considering the fact that there is no change in circumstances, since the dismissal of the earlier petition, this Court is not inclined to grant bail to the petitioner. 2/3

7.In the result, this Criminal Original Petition is dismissed. sd/- 11/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO THE ADDITIONAL COURT NO.III, TIRUNELVELI.

THE INSPECTOR OF POLICE DEVARKULAM POLICE STATION, TIRUNELVELI DISTRICT, THE SUPERINTENDENT, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

ORDER

IN Date :11/01/2024 PKP/JGB/SAR /24.01.2024/ 3P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3