Kubendran @ Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI KUBENDRAN @ KUMAR ... PETITIONER/ACCUSED NO.1 Vs THE INSPECTOR OF POLICE TOWN WEST POLICE STATION, THANJAVUR DISTRICT.
CRIME NO.11 OF 2024.
... RESPONDENT/COMPLAINANT For Petitioner : M/S.C.GEETHA, Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.
PRAYER: FOR BAIL IN CRIME NO.11 OF 2024 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody by the respondent Police for the alleged offence under Sections 143, 294(b), 341, 353 and 506 (ii) IPC and Section 4(1)(j) of TNP Act, in Crime No.11 of 2024, seeks bail. 1/3
2.The case of the prosecution is that on 06.01.2024, at about 12.20 p.m., while the defacto complainant was on patrol duty, she found an auto, which was parked in front of Anjaneyar temple and on verification, A3 sat in the auto and consumed liquor and on seeing him, she advised him as not to consume liquor in front of the temple, but he was not hearing her advice. Further, this petitioner misbehaved with her by removing his under wear and all the accused created a drama by sitting in the road. Hence, the case 3.The learned counsel for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he is in judicial custody from 06.01.2024. Hence, he prays for grant bail to the petitioner. 4.
The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner and other accused persons abused the Head Constable in a drunken mood. He would further submit that apart from this case, this petitioner is having six previous cases. Earlier, the bail application filed by the petitioner along with other accused persons was partly allowed and in respect of this petitioner, it was dismissed. Hence, he vehemently opposed to grant bail to the petitioner.
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5. Considering the facts and circumstance of this case and also considering the previous antecedents of the petitioner and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. sd/- 05/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (CS- I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO 1.THE INSPECTOR OF POLICE TOWN WEST POLICE STATION, THANJAVUR DISTRICT. 2 THE OFFICER IN CHARGE, SUB JAIL, PUDUKOTTAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :05/02/2024 RK/GS (16/02/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3