Mukeshpandi @ Modi, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.7572 of 2019 MUKESHPANDI @ MODI ... PETITIONER / ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, KENIKKARAI POLICE STATION, KENNIKKARAI, RAMANATHAPURAM DISTRICT.

Crime No.106/2019 ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.P.BALASUBRAMANIAN 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, who is arrayed as accused, was arrested and remanded to judicial custody on 21.04.2019 for the offences punishable under Sections 294(b), 323, 364, 109 @ 294(b), 323, 364, 307 r/w 109(ii) IPC in Crime No.106 of 2019, on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that due to family dispute, the petitioner and other accused abducted the brother of the defacto complainant, assaulted him and attempted to commit murder. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution.

4. On the other hand, the learned Government Advocate (Criminal Side) has specifically submitted that the petitioner is having the following seven previous cases.

Sl.No.

Cr.No.

Offence Police Station 1.

119/2018 u/s.147, 148, 324, 307, 302, 506(ii), 120(b), 212, 326, 149, 109 and 342 IPC B3 Police Station 2.

263/2018 u/s.147, 148, 341, 323, 324, 506(ii) and 379 IPC B3 Police Station 3.

8/2018 u/s.147, 148, 294(b), 323, 324, 506(ii) and 307 IPC B3 Police Station 4.

71/2019 u/s.294(b), 324, 506(ii) IPC and Section 4 of Women Harassment Act B3 Police Station 5.

100/2019 u/s.341, 294(b), 323, 324 and 506(ii) IPC B3 Police Station 6.

10/2019 u/s.392 IPC Uchipuli Police Station 7.

157/2018 294(b), 323, 506(ii), 379 NH and 3 of PPDL Act Devipattinam Police Station However, he has stated that a substantial portion of investigation has been completed.

6. In the said circumstances, even though further custody of the petitioner is not necessary for completing the investigation, in this case, considering the fact that seven previous cases are pending as against the petitioner, this Court comes to the conclusion that if these type of petitioners are released on bail, they may try to tamper the witness and hamper the investigation. Therefore, this petition is dismissed.

sd/- 30/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, KENIKKARAI POLICE STATION, KENNIKKARAI, RAMANATHAPURAM DISTRICT.

2.THE OFFICER INCHARGE, SUB JAIL, RAMANATHAPURAM.

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

ORDER

IN CRL OP(MD) No.7572 of 2019 Date :30/05/2019 TK/PN/SAR-3/06.06.2019/3P/4C