Madras High CourtCRL OP(MD)/4356/2019dismissed

S.Venkatesan v. The Inspector Of Police

2019-03-22Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4356 of 2019 S.VENKATESAN ... PETITIONER / ACCUSED No.4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, TOWN WEST POLICE STATION, DINDIGUL DISTRICT.

(IN CRIME NO.381/2006) ... RESPONDENT / COMPLAINANT For Petitioner : MR. C. SUSIKUMAR Advocate For Respondent : MR.S.CHANDRASEKAR, Additional Public Prosecutor 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 23.01.2019, for the alleged offence punishable under Sections 397 IPC @ 120(b),450, 395 r/w.397 IPC in Crime No. 381 of 2006 (PRC.No.7 of 2007) seeks bail.

2.The petitioner was absent during the trail on 14.11.2007, hence Non Bailable Warrant came to be issued against the petitioner. The said warrant was executed on 02.05.2018 on P.T warrant and he was secured on 23.01.2019 in the very same Crime number 3.The learned counsel appearing for the petitioner would submit that the petitioner is a HIV patient and suffering from various ailments and hence, he would pray for bail.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that eight cases are pending against the petitioner and he is a History Sheeter and hence he objected for grant of bail.

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5.Considering the facts and circumstances of the case and considering the fact that the case is pending trial for more than seven years, because of this accused and that there are several cases pending against the petitioner, and considering the fact that there is no change in facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner.

6. Hence the bail petition is dismissed.

sd/- 22/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, TOWN WEST POLICE STATION, DINDIGUL DISTRICT.

2.THE SUPERINDENTENT, CENTRAL JAIL, MADURAI.

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

ORDER

IN CRL OP(MD) No.4356 of 2019 Date :22/03/2019 AE/MMS/SAR-I/27.03.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/