Srinath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SRINATH ... PETITIONER / ACCUSED 1 IN BOTH PETITIONS Vs THE INSPECTOR OF POLICE KUMBAKKONAM EAST POLICE STATION, THANJAVUR DISTRICT.

CRIME NO.1982 OF 2021.

... RESPONDENT / COMPLAINANT IN CRL.OP(MD).2322/2024 CRIME NO.63 OF 2019.

... RESPONDENT / COMPLAINANT IN CRL.OP(MD).2324/2024 in Both Petitions:- For Petitioner : Mr.B.JAMEELARASU Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER IN CRL.OP(MD).2322/2024:- To enlarge the Petiitoner on bail in connection with Crime No.1982 of 2021 on the file of the Respondent Police in 1/4

pursuant of the NBW issued against the petitioner in PRC No.13 of 2023 on the file of the learned Judicial Magistrate Court No.I, Kumbakonam, Thanjavur District. PRAYER IN CRL.OP(MD).2324/2024:- To enlarge the Petiitoner on bail in connection with Crime No.63 of 2019 on the file of the Respondent Police in pursuant of the NBW issued against the petitioner in C.C.No.723 of 2019 on the file of the learned Judicial Magistrate Court No.II, Kumbakonam, Thanjavur District. ORDER : The Court Made the following order :- The petitioner, who is facing trial for the offences punishable under Sections 147, 148, 341, 120(B), 307, 302 and 149 of IPC, in P.R.C.No.13 of 2023 on the file of the learned Judicial Magistrate Court No.I, Kumbakonam, Thanjavur District, in Crime No.1982 of 2021, and he is facing trial for the offences punishable under Sections 294(b), 323, 324, 506(ii) IPC in C.C.No.723 of 2019 on the file of the learned Judicial Magistrate No.II, Kumbakonam, Thanjavur, in Crime No.63 of 2019, on the file of the respondent Police, seeks bail.

2.The petitioner was absent during the trial in P.R.C.No.13 of 2023 on the file of the learned Judicial Magistrate Court No.I, Kumbakonam, Thanjavur District and C.C.No.723 of 2019 on the file of the learned Judicial Magistrate No.II, Kumbakonam, Thanjavur and hence, the trial Court issued Non-Bailable Warrant against the petitioner on 25.07.2023 and 19.08.2023 and the same were executed by the respondent Police and the petitioner was arrested and remanded to judicial custody on 19.08.2023.

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3.The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case and due to another false case has been registered against the petitioner, he is not able to appear before the trial Court. He would further submit that the petitioner is in judicial custody for more than six months. Hence, he prays for grant bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the State would submit that the petitioner is a history sheeted rowdy and 12 previous cases are pending against him. He would further submit that investigation has been completed and the charge sheet has already been filed before the concerned Court. Hence, he strongly opposed to grant bail to the petitioner. 5.Heard. Perused the materials available on record. 6.Considering the facts and circumstances of the case and also considering the previous antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

7.In the result, these Criminal Original Petitions are dismissed. sd/- 14/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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INDU TO 1 THE JUDICIAL MAGISTRATE NO.I, KUMBAKONAM, THANJAVUR DISTRICT.

2 THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM, THANJAVUR DISTRICT.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 4 THE SUPERINTENDENT, CENTRAL PRISON, THIRUCHIRAPPALLI.

5 THE INSPECTOR OF POLICE KUMBAKKONAM EAST POLICE STATION, THANJAVUR DISTRICT.

6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN Date :14/02/2024 SA/GS/SAR. /20.02.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4