Madras High CourtCRL OP(MD)/5421/2019dismissed

Vanumamalai v. The Inspector Of Police

2019-04-27Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Saturday, the Twenty Seventh day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.5421 of 2019 VANUMAMALAI ... PETITIONER / ACCUSED NO.3 Vs STATE REP. BY THE INSPECTOR OF POLICE, MOONDRADAIPPU POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.128/2012. ... RESPONDENT / COMPLAINANT For Petitioner : MR.K.DURAIPANDIAN, Advocate for MR.R.VINOTH BHARATHI 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 23.03.2018, for the alleged offence punishable under Sections 147,148,120(b),341,302 and 201 of IPC in S.C.No.29 of 2019 on the file of the Additional District and Sessions Court, Tirunelveli, seeks bail.

2.The petitioner was absent during the trial in S.C.No.29 of 2019 pending on the file of the Additional District and Sessions Court, Tirunelveli. Thereby, Non Bailable Warrant came to be issued. Pursuant to the same, the petitioner was arrested and remanded to judicial custody on 22.01.2018.

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 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 and also 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/- 27/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, MOONDRADAIPPU POLICE STATION, TIRUNELVELI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.

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

ORDER

IN CRL OP(MD) No.5421 of 2019 Date :27/04/2019 JM/PN/SAR 2/08.05.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/