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Madras High CourtCRL OP(MD)/3445/2019dismissed

Ayya@Thangadurai v. The Inspector Of Police

2019-03-06Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.3445 of 2019 AYYA @ THANGADURAI ... PETITIONER / ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE THIRUKKATTUPALLI POLICE STATION, THANJAVUR DISTRICT.

CRIME NO.4/2019 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.K.VIDYA, Advocate for Mr.C.ABDUL KALAM AZAD, Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI, Government 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 to judicial custody on 09.01.2019 for the alleged offence punishable under Sections 294(b), 341, 392, 506(ii) of IPC and Section 3(1) of TNPPDL Act in Crime No.4 of 2019 seek anticipatory bail.

2. The case of the prosecution is that the petitioner waylaid the defacto complainant, grabbed Rs.10,000/- and thereafter damaged the cellphone of the defacto complainant. Hence the complaint

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and aged about only 22 years and he has not committed any offence as alleged by the prosecution and the respondent with an intention obtained complaint from the defacto complainant inorder to implicated this petitioner as an accused and thereafter the respondent police attacked the petitioner and broken his leg and admitted in the hospital thereafter informed the family members and hence he prayed for bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that the petitioner is the habitual offender and History Sheeter. Initially the petitioner was arrested and remanded. The petitioner's https://hcservices.ecourts.gov.in/hcservices/

mother has filed HCP before this Court and the same was dismissed. He would also submit that there are seven cases pending against the petitioner, of which one is double murder and he vehemently opposed for grant of bail.

5.Taking into consideration the facts and circumstances of the case and also considering the fact that there are several cases pending against the petitioner , this Court is not inclined to grant anticipatory bail to the petitioner.

6. Hence the bail petition is dismissed.

sd/- 06/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

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

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

3. THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.

+1. CC to Mr.C.ABDUL KALAM AZAD Advocate SR.No.4404

ORDER

IN CRL OP(MD) No.3445 of 2019 Date :06/03/2019 MS/PN/SAR-1/11.03.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/