Madras High CourtCRL OP(MD)/5471/2019dismissed

Marithangam @ Nanban, v. The Inspector Of Police

2019-04-11Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.5471 of 2019 MARITHANGAM @ NANBAN ... PETITIONER / ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO. 62 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.KA.RAAMAKRISHNAN Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested and remanded to judicial custody since 13.02.2019 for the offences punishable under Section 323, 294 (b), 324 and 506(ii) IPC, in Crime No.62 of 2019, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 12.02.2019, during temple festival, there was a wordy quarrel arose between the petitioner and the defacto complainant, for which, the petitioner abused the defacto complainant with filthy language and assaulted him with weapons. Hence, the petitioner was arrested and remanded to judicial custody.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that earlier, this Court, by order dated 14.03.2019, Crl.O.P(MD)No.3898 of 2019 dismissed the bail petition.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl.side) for the respondent police submitted that though injured has been discharged from the

hospital, the petitioner is having seven previous cases and all those offences are very serious in nature. Hence, he vehemently opposed to grant bail this petition.

5.Considering the facts and circumstance of the case, considering the nature of the offence committed by the petitioner and taking note of the fact that there is no change in circumstances after dismissal of the earlier Bail applications, this Court is not inclined to grant bail to the petitioner. Hence, this criminal original petition is dismissed.

sd/- 11/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

PS/PN/SAR-4/23.04.2019/2P/4C

ORDER

IN CRL OP(MD) No.5471 of 2019 Date :11/04/2019 https://hcservices.ecourts.gov.in/hcservices/