Madras High CourtCRL OP(MD)/1896/2021dismissed

Ashokan v. The Inspector Of Police

2021-02-16Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.1896 of 2021 Ashokan ... Petitioner/Accused No.2 Vs State rep by The Inspector of Police, Veeravanallur Police Station, Tirunelveli District Cr No. 285/2012. ... Respondent/Complainant For Petitioner : No representation For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To Enlarge the Petitioner on bail in connection with a case in S.C No. 15/2014 pending on the file of the I Additional Sessions Judge, Tirunelveli in Crime No.285/2012 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2 herein was secured on 08.01.2021 and remanded to judicial custody on the same day, pursuant to the Non-bailable warrant issued by the learned Additional Sessions Judge, Tirunelveli in S.C.No.15 of 2014, for the offences under Sections 147, 148 and 302(2 Counts) of IPC.

2.The learned counsel appearing for the petitioner submitted that the petitioner was regularly appearing before the trial Court and for only one hearing on 07.01.2021 he did not appear. Hence, a Non-bailable Warrant was issued on 07.01.2021 and the petitioner was arrested on 08.01.2021 and remanded to judicial custody on the same day.

3. The learned Government Advocate(Crl.Side) submitted that after securing the petitioner trial commenced and PW.1 and 2 were examined and the petitioner failed to cross examine them. Thereafter he had field petition under Section 311 of Cr.P.C which https://hcservices.ecourts.gov.in/hcservices/

was also dismissed by the concerned Court. The case stands posted on 17.02.2021 for examination of material evidence.

4. In view of the same, this Court is not inclined to grant bail to the petitioner.

5. Hence the petition stands dismissed.

sd/- 16.02.2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

2. The Superintendent, Central Prison, Palayamkottai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.1896 of 2021 Date : 16/02/2021 VB SMA SAR 2(19.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/