Madras High CourtCRL OP(MD)/1633/2021dismissed

Akilan v. The Inspector Of Police

2021-03-01Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved on : 23.02.2021 Pronounced on: 01.03.2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.1633 of 2021 Akilan ... Petitioner/7th Accused Vs The State Rep. by The Inspector of Police, Thirupuvanam Police Station, Sivagangai District.

Crime No. 546 of 2020 ... Respondent/Complainant For Petitioner : Mr.Ranjith Kumar.P, Advocate. For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.546 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A6, who was arrested and remanded to judicial custody on 22.10.2020 for the offences punishable under Sections 147,148,302 r/w. 120(b), 212 and 109 of IPC on the file of the respondent police seeks bail.

2. The case of the prosecution is that due to previous enmity the petitioner along with other accused entered into criminal conspiracy, assaulted the deceased with deadly weapons and caused his death. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner never committed any offence as alleged by the prosecution and he was not present in the scene of occurrence. He would also submit that only on the confession of the co-accused he has been arrayed as accused. He would also submit that the petitioner is jail from 22.10.2020, hence he seeks bail.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate(Crl.Side) would submit that A1 to A4 in this case were granted bail by the learned Principal District and Sessions Judge and so far they have not produced any sureties and are still in judicial custody. In this case A10 was granted bail by this Court on the ground that he was standing on a different footing than the other accused. He would further submit that investigation in this case is completed and case is committed to the Court of Sessions. He would also submit that the petitioner is having seven previous cases, of which one case under Section 302 of IPC.

5. Granting bail to the petitioner who is having several criminal cases against him including one case under Section 302 of IPC and letting him out would only be detrimental to the fair trial, hence this Court is not inclined to grant bail to the petitioner.

6. In the result, the petition stands dismissed. sd/- 01/03/2021 / TRUE COPY / / /2021 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.

1. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

2. THE INSPECTOR OF POLICE, THIRUPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

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

+ 1 CC TO Mr.RANJITH KUMAR.P, ADVOCATE IN SR No. 1584 ORDER IN CRL OP(MD) No.1633 of 2021 Date :01/03/2021 AAV TE/VR/SAR-IV : 03/03/2021 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/