Kaliyappan @ Kadai Kaliyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirty First day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI KALIYAPPAN @ KADAI KALIYAPPAN ... PETITIONER / ACCUSED 1 Vs THE INSPECTOR OF POLICE PUDUKOTTAI POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO.411 OF 2017.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.SIVA SUBRAMANIAN S Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:- FOR BAIL IN CRIME NO.411 OF 2017 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 18.10.2023 for the alleged offences under Sections 294(b) and 302 of IPC in Crime No.411 of 2017 on the file of the respondent Police, seek bail. 1/3

2. The case of the prosecution is that on search made by the deceased's father, the deceased's body was found near the bridge at Srini Nagar, Anthoniyapuram on 29.10.2017. Thereafter, the respondent Police conducted investigation and came to know that on 28.10.2017 at about 8.30 p.m., the deceased and the petitioner travelled together towards the bridge. Thereby, this petitioner has been implicated in this case.

3. The learned counsel appearing for the petitioner would submit that the petitioner did not commit in any such allegations levelled in the F.I.R and he is no way connected with the alleged occurrence. Due to the previous antecedents of the petitioner, this case has been foisted against him. He is ready to abide any condition that will impose by this Court. Hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that though 28 cases are pending against the petitioner, till date no case is ended in acquittal or conviction, all are pending before the various Courts. If the petitioner is released on bail, he would abscond and it may affect the trial proceedings. Hence, he strongly opposed to grant bail to the petitioner.

5. Heard. Perused the materials available on record including the First Information Report.

6. Considering the facts and circumstances of this case and also considering 2/3

the previous antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. sd/- 31/01/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

2 THE INSPECTOR OF POLICE PUDUKOTTAI POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.M.SATHIYAMOORTHY, Advocate SR.No.2545 (F) DT.31/01/2024

ORDER

IN Date :31/01/2024 SA/VR/SAR. /06.02.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3