Madras High CourtCRL OP(MD)/4788/2019dismissed

Velusamy v. The Sub Inspector Of Police

2019-03-29Honourable Mr Justice M.Dhandapani2 pages

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.4788 of 2019 VELUSAMY ... PETITIONER/ACCUSED No.1 Vs STATE REP.BY, THE SUB INSPECTOR OF POLICE, PALANI TOWN POLICE STATION, DINDIGUL DISTRICT.

CRIME NO.970/2004 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.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 on P.T warrant and remanded to Judicial custody on 29.11.2018, for the alleged offence punishable under Sections 392 r/w.397, 506(ii) of IPC in S.C.No.40 of 2005 ont he file of the learned Assistant Sessions Judge, Palani, seeks bail. 2.The petitioner was absent during the trial in S.C.No.40 of 2005 pending on the file of the learned Assistant Sessions Judge, Palani. Thereby, Non Bailable Warrant came to be issued. Pursuant to the same, the petitioner was arrested and remanded to judicial custody on 29.11.2018.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent. The learned counsel undertakes that the petitioner shall appear before the court below regularly on all future hearing dates without fail. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the State would submit that 17 cases are pending against the petitioner. He would also submit that the case is of the year 2005 and due to non appearance of this accused, the case is pending, hence he opposed for grant of bail.

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5.Considering the facts and circumstances of the case and considering the fact there is 17 cases 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.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB INSPECTOR OF POLICE PALANI TOWN POLICE STATION, DINDIGUL DISTRICT 2 THE SUPERINTENDENT, CENTRAL JAIL, TRICHY 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.SURESH Advocate SR.No.5787

ORDER

IN CRL OP(MD) No.4788 of 2019 Date :29/03/2019 AAV PK/VR/SAR-1/02.04.2019 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/