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Madras High CourtCRL OP(MD)/2400/2019dismissed

Vinte@Samydurai v. The Inspector Of Police

2019-02-15Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifteenth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.2400 of 2019 VINTE @ SAMYDURAI ... PETITIONER / ACCUSED No. 4 Vs THE STATE, REP. BY, INSPECTOR OF POLICE KADAYANALLUR POLICE STATION, TIRUNELVELI DISTRICT (CRIME NO.31/2019) ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.BASKAR MATHURAM, Advocate for M/s.MATHURAM LAW ASSOCIATES Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded in judicial custody from 02.02.2019 for the alleged offences under Section 147, 447, 294(b), 506(i) IPC and Section 3 of TNPPDL Act, in Cr.No.31 of 2019 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that there was a civil dispute in between the defacto complainant and the petitioner. The petitioner along with other accused persons assaulted the defacto complainant and caused damages to fences around the defacto complainant's property, thereby he lodged the present complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and they did not commit any offence as alleged by the prosecution. The petitioner is A4.

The main accused in this case was already arrested and released on bail on condition to deposit a sum of Rs.10,000/- in to the crime number. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl. side) appearing for the State would submit that investigation is still pending.

submits that the petitioner is a history sheeter and there are four previous cases are pending against him. Out of which one is under Section 302 IPC. Others are henious nature. If he is released on bail, it will create law and order problem. Hence, he vehemently opposed the grant of bail to the petitioner.

5.Considering the fact and circumstances of the case and the gravity of offence and considering the nature of previous cases against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this criminal original petition stands dismissed.

sd/- 15/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KADAYANALLUR POLICE STATION, TIRUNELVELI DISTRICT 2 THE OFFICER SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CRL OP(MD) No.2400 of 2019 Date :15/02/2019 MSI/JC/SAR-III/20.02.2019-2P/4C https://hcservices.ecourts.gov.in/hcservices/