Madras High CourtCRL OP(MD)/809/2022dismissed

Mohammed Yasar v. The Inspector Of Police

2022-02-14Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/02/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD).No.809 of 2022 Mohammed Yasar ... Petitioner/Accused No.3 Vs State rep. by The Inspector of Police, Pattukottai Police Station, Thanjavur District.

(Crime No.334/2016).

... Respondent/Complainant For Petitioner : Mr.D.Anandan, Advocate For Respondent : M/s.S.S. Madhavan Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.334/2016 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.3 was arrested and remanded to judicial custody on 04.09.2021 for the alleged offence punishable under Sections 120(B), 147, 148, 341, 342, 302 and 149 IPC in Crime No.334 of 2016 on the file of the respondent police, seeks bail.

2. The earlier bail petition filed by the petitioner was dismissed by this Court on 17.12.2021 in Crl.O.P(MD).No.19293 of 2021 by observing that the the petitioner went to abroad in the year 2018 and came back to India and again committed an offence and went to aboard. Considering the antecedents and conduct of the petitioner, the earlier bail petition was dismissed.

3. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the co-accused is absconding and warrant is also pending.

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4. Even though the case is of the year 2016 no committal proceedings is completed since co-accused is absconding, the direction is issued to the committal court to split up the case against the petitioner. After the committal proceedings, the petitioner is at liberty to move fresh bail application. The Committal Court is directed to complete the process within a period of one month from the date of receipt of a copy of this order.

5. With the above observation, the Criminal Original Petition is dismissed.

Sd/- 14/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

Trp TO

1. THE INSPECTOR OF POLICE, PATTUKOTTAI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.809 of 2022 Date :14/02/2022 SP/SBN/SAR II/17/02/2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/