S.Balakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI S.BALAKRISHNAN ... PETITIONER / ACCUSED NO.1 Vs THE INSPECTOR OF POLICE THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT, CRIME NO.469/2023 ... RESPONDENT/ COMPLAINANT For Petitioner : MR.C.PRITHVIRAJ, Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:

FOR BAIL IN CRIME NO.469/2023 ON THE FILE OF THE RESPONDENT POLICE ORDER : The Court Made the following order :- 1/3

The petitioner/A1, who was arrested and remanded to judicial custody on 29.11.2023 for the offences punishable under Sections 395 and 397 of IPC, in Crime No.469 of 2023, on the file of the respondent police, seeks, bail. 2.The case of the prosecution is that on 29.11.2023 at around 08.00 a.m., the petitioner along with the other accused alleged to have committed dacoity of Rs.500/- from the defacto complainant by threatening him by using deadly weapon. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution and he is in judicial custody from 29.11.2023. He would further submit that A2 and A3 have already been granted bail by the trial Court and hence, he prays for bail. 4.The learned Additional Public Prosecutor would submit that the petitioner is having three previous cases of similar in nature and hence, he strongly opposed to grant bail to the petitioner.

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5.Though A2 and A3 have already been granted bail by the trial Court, the petitioner has three previous cases of similar nature and the same is not applicable to the petitioner. Hence, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 15/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO THE INSPECTOR OF POLICE THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT, THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

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

ORDER

IN Date :15/02/2024 PKP/JGB/SAR /21.02.2024/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3