Madras High CourtCRL OP(MD)/1112/2017dismissed

Jeyamuthu@Sudalaimuthu v. The Inspector Of Police,

2017-02-02Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Second day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1112 of 2017 JEYAMUTHU @ SUDALAIMUTHU ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY , THE INSPECTOR OF POLICE, PERUMALPURAM POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.1409 OF 2012 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.ANBARASU Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 05.12.2014 for the offences punishable under Sections 341, 294(b), 307, 387 and 506(ii) IPC in Crime No.1409 of 2012 in P.R.C.No.28 of 2013 on the file of the Judicial Magistrate No.I, Tirunelveli, seeks bail.

2.The learned Government Advocate (Crl.side) submitted that the petitioner is the sole accused in P.R.C.No.28 of 2013 and non bailable warrant was pending against the petitioner from 12.08.2015 onwards for his non appearance before the concerned Court and now the case is in committal stage.

3.The learned counsel for the petitioner submitted that the petitioner was unable to appear before the court on 12.08.2015 and hence, NBW was issued and thereafter, he was arrested and remanded to judicial custody in another case on 12.11.2016 and while the petitioner was in prison, NBW in the present case was executed. 5.Considering the facts and circumstances of the case and also considering the fact the case is in committal stage and the petitioner is the sole accused in this case, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, this Criminal Original petition is dismissed and the https://hcservices.ecourts.gov.in/hcservices/

concerned Court is directed to commit the case without any further delay.

sd/- 02/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, PERUMALPURAM POLICE STATION,TIRUNELVELI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO: THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

NBJ CSL/SKN/SAR-III/10.02.2017 : 2P/4C

ORDER

IN CRL OP(MD) No.1112 of 2017 Date :02/02/2017 https://hcservices.ecourts.gov.in/hcservices/