Mani @ Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) Nos.10735 & 10736 of 2017 MANI @ MANIKANDAN ... PETITIONER / ACCUSED NO.2 IN CRL OP(MD) No.10735 of 2017 VENKATESH ... PETITIONER / ACCUSED NO.7 IN CRL OP(MD) No.10736 of 2017 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KEERAITHURAI POLICE STATION, MADURAI CITY, (CRIME NO.349/2017) ... RESPONDENT / COMPLAINANT IN BOTH PETITIONS For Petitioner : M/S.G.GANESH KUMAR Advocate IN CRL OP(MD) No.10735 of 2017 For Petitioner : M/S.J.VIJAYARAJA Advocate IN CRL OP(MD) No.10736 of 2017 For Respondent : MR.A.RAMAR Additional Public Prosecutor IN BOTH PETITIONS PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners / A7 & A2 who were arrested on 13.05.2017 for the offences punishable under Sections 120(B), 147, 148, 341, 302 & 506(ii) of IPC in Crime No.349 of 2017 on the file of the respondent police, seek bail.

2.The learned counsel for the petitioners would submit that the petitioners filed these present petitions for the second time, seeking bail and there is no specific overt act attributed against the petitioners and the co-accused were enlarged on bail. 3.The learned Additional Public Prosecutor submitted that the petitioner in Crl.O.P.(MD)No.10735 of 2017 is arrayed as A2 and the petitioner in Crl.O.P.(MD)No.10736 of 2017 is arrayed as A7 in P.R.C.No.43 of 2017 on the file of the Judicial Magistrate No.IV, Madurai and case is on committal stage. Earlier bail petition moved by the petitioners in Crl.O.P.(MD)No.9830 of 2017 was dismissed by https://hcservices.ecourts.gov.in/hcservices/

this Court on 20.07.2017, by considering the overt act attributed against the petitioners in the occurrence. He also submitted that remaining accused are appearing before the concerned Court and if the petitioners are enlarged on bail, the committal proceedings will be stalled.

4.Considering the facts and circumstances of the case and considering the fact that the stage of the case, which is pending as P.R.C.No.47 of 2017 before the Judicial Magistrate No.IV, Madurai and the remaining accused are appearing before the concerned Court, this Court is not inclined to grant bail to the petitioners at this stage. Accordingly, these petitions are dismissed. 5.The learned Judicial Magistrate No.IV, Madurai, is directed to commit the case without any further delay since it is stated that all the accused are appearing before the Court. sd/- 16/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE INSPECTOR OF POLICE, KEERAITHURAI POLICE STATION, MADURAI CITY.

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

+1. CC to M/S.G.GANESH KUMAR Advocate SR.No.28747 ORDER IN CRL OP(MD) Nos.10735 & 10736 of 2017 Date :16/08/2017 MKV-CM-MSA-SAR 4/21.8.2017/2P-7C https://hcservices.ecourts.gov.in/hcservices/