Madras High CourtCRL OP(MD)/3007/2022dismissed

Karthick v. The Inspector Of Police

2022-02-11Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.3007 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.3007 of 2022 Karthick ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Ambasamudram Police Station, Tirunelveli District.

(Crime No. 402 of 2021).

... Respondent/Complainant For Petitioner : M/s.SUNDARAPANDIAN.S., Advocate.

For Respondent : Mr.SS.MADHAVAN, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For the Bail in Crime No. 402 of 2021 on the file of the Inspector of Police, Ambasamudram Police Station, Tirunelveli District.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A1 was arrested and remanded to judicial custody on 18.09.2021 for the offences punishable under Sections 147, 148, 341, 294(b), 302 and 506(ii) IPC, in Crime No.402 of 2021, on the file of the respondent police, seeks bail. 2.This is the second bail application came to be filed by the petitioner on the ground that the he is in custody ever-since from the date of the arrest and the co-accused has been released on bail. 3.On previous occasion, this Court after perusing the entire CD filed found that the attempt was made on the life of the defacto complainant. But, he survived. Over that incident, a case is also pending against the petitioner.

While the trial is pending, the second attempt has been made on the life of the deceased, who is the son of the defacto complainant. In the second attempt, he died on the spot. So, considering the continues assault nature of the petitioner, earlier bail application was dismissed by this Court. This petition came to be filed on the ground that the co-accused is released on bail. When the petitioner is indulged in continues https://hcservices.ecourts.gov.

CRL OP(MD). No.3007 of 2022 assault, he has to face the trial in custody. He need not approach this Court and may approach the concerned Trial Court depending upon the change of circumstances.

4. In view of the above, this Criminal Original Petition is dismissed.

sd/- 11/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.

2 THE INSPECTOR OF POLICE, AMBASAMUDRAM POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.3007 of 2022 Date :11/02/2022 SA/JM/SAR.3/16.02.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2