K.Veerappan v. The Inspector Of Police

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.1164 of 2017 K.VEERAPPAN ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY , THE INSPECTOR OF POLICE SAKKOTTAI POLICE STATION, SIVAGANGAI DISTRICT CRIME NO. 226/2008 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.J.JEYAKUMARAN 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 24.01.2017 for the offences punishable under Section 174 Cr.P.C. @ 306 IPC and 498(A) IPC in S.C.No.190 of 2016 on the file of the Judicial Magistrate, Karaikudi, seeks bail. 2.The case of the prosecution is that due to demand of additional dowry the petitioner harassed the deceased and that she committed suicide by hanging on 28.09.2009. After conducting investigation, charge sheet has been filed and the same was taken on file in S.C.No.216 of 2010 by the Judicial Magistrate, Karaikudi and due to non appearance of the petitioner on 30.12.2011, non bailable warrant was issued and the same was pending for several months and now the case was split up in S.C.No.

190 of 2016 and the same is pending, in which, 3 witnesses were examined. 3.The learned counsel for the petitioner submitted that the petitioner is the sole accused and as against the non bailable warrant issued against the petitioner, he filed anticipatory bail before this Court in Crl.O.P.(MD)No.23316 of 2016 and this Court directed the petitioner to surrender before the concerned Court to recall the warrant and accordingly, the petitioner surrendered before the concerned Court on 24.01.2017 along with recall application, however, the said application was dismissed and the petitioner was arrested and remanded to judicial custody on 24.01.2017.

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4.The learned Government Advocate (crl.side) appearing for the respondent submitted that totally there are 6 accused in S.C.No.216 of 2010 and the petitioner was arrayed as A1 and due to his non appearance NBW was issued and the case is pending from the year 2010 onwards.

5.Considering the facts and circumstances of the case and the case is in part heard stage, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

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 SAKKOTTAI POLICE STATION, SIVAGANGAI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

NBJ CSL/SKN/SAR-III/10.02.2017 : 2P/3C

ORDER

IN CRL OP(MD) No.1164 of 2017 Date :02/02/2017 https://hcservices.ecourts.gov.in/hcservices/