Koolu At Kalidas v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4784 of 2019 KOOLU AT KALIDAS ... PETITIONER / ACCUSED No.2 Vs STATE REP.BY THE INSPECTOR OF POLICE, AVUDAIYARKOVIL POLICE STATION, PUDUKKOTTAI DISTRICT.

(CRIME NO.16/2019) ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.SURESH 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 04.03.2019, for the alleged offence punishable under Sections 294(b), 302 and 506(i) of IPC in Crime No. 16 of 2019, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the deceased person is an accused in an earlier case and he attempted to commit rape on a girl child aged about 8 years , for which the respondent police registered a case against him. On 03.02.2019 the defacto complainant , who is the maternal uncle of the eight years girl child and one Kasi viswanathan attacked the deceased using hands and abused him in filthy language and also threatened with dire consequences. later on the deceased persons relatives also attacked the deceased and he succumbed to the injury and died inthe hospital. Hence the complainant.

3.The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case and he has nothing to do with the alleged offence and he is innocent and hence, he would pray for bail.

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4.The learned Additional Public Prosecutor appearing for the respondent police would submit that there are three previous cases pending against the petitioner and hence he objected for grant of bail.

5.Considering the facts and circumstances of the case and considering the fact that though A3 and A4 granted bail by this Court however there is three previous case pending against this petitioner, this Court is not inclined to grant bail to the petitioner.

6. Hence the bail petition is dismissed.

sd/- 29/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, AVUDAIYARKOVIL POLICE STATION, PUDUKKOTTAI DISTRICT.

2.THE SUPERINDENTENT, DISTRICT PRISON, PUDUKKOTTAI.

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

+1. CC to Mr.M.SURESH Advocate SR.No.5786

ORDER

IN CRL OP(MD) No.4784 of 2019 Date :29/03/2019 AE/JC/SAR-II/02.04.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/