Milton, S/O.Jesupatham, v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) Nos.12723, 12724, 12725, 12726, 12727, 12728 and 12729 of 2017 MILTON, ... PETITIONER / ACCUSED RANK NOT KNOWN in all the petitions Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, SATHANKULAM POLICE STATION, THOOTHUKUDI DISTRICT. CR.NO.204 OF 2017 ... RESPONDENT / COMPLAINANT IN CRL OP(MD).NO.12723/2017 CR.NO.159 OF 2017 ... RESPONDENT / COMPLAINANT IN CRL OP(MD).NO.12724/2017 CR.NO.147 OF 2017 ... RESPONDENT / COMPLAINANT IN CRL OP(MD).NO.12725/2017 CR.NO.227 OF 2017 ... RESPONDENT / COMPLAINANT IN CRL OP(MD).NO.12726/2017 STATE REP.BY THE SUB INSPECTOR OF POLICE, THATTARAMADAM POLICE STATION, THOOTHUKUDI DISTRICT. CR.NO.62 OF 2017 ... RESPONDENT / COMPLAINANT IN CRL OP(MD).NO.12727/2017 CR.NO.17 OF 2017 ... RESPONDENT / COMPLAINANT IN CRL OP(MD).NO.12728/2017 CR.NO.54 OF 2017 ... RESPONDENT / COMPLAINANT IN CRL OP(MD).NO.12729/2017

For Petitioner : M/S.M.JEGADEESHA PANDIAN Advocate in all the petitions For Respondent : Mr.K.Anbarasan, Govt. Advocate ( Crl. Side) in all the petitions PETITIONS FOR BAILS Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- Since the petitioner is one and the same in these cases and the crime involved is in similar nature, these seven cases have been taken up together and disposed of by way of common order. 2.The petitioner/accused in these petitions was arrested and remanded to judicial custody on 16.08.2017 for the alleged offences described as under, on the file of the respondent police seeks bail. SL.

No.

Case No.

Crime No.

Offences under Sections Crl.O.P.(MD).No.12723/2017 204/2017 457, 380 and 511 of IPC Crl.O.P.(MD).No.12724/2017 159/2017 454, 457 and 380 of IPC Crl.O.P.(MD).No.12725/2017 147/2017 454, 457 and 380 of IPC Crl.O.P.(MD).No.12726/2017 227/2017 454, 457 and 380 of IPC Crl.O.P.(MD).No.12727/2017 62/2017 454, 457 and 380 of IPC Crl.O.P.(MD).No.12728/2017 17/2017 457 and 511 of IPC Crl.O.P.(MD).No.12729/2017 54/2017 457 and 380 of IPC 3.The case of the prosecution is that most of the above said cases, the petitioner break open the houses and committed theft of gold jewels, valuables and money and in some cases, the petitioner tried to break open and commit theft. On complaints, cases have been registered as against the petitioner in the above said crime numbers. Apart from the above cases, four previous cases are pending against the petitioner, out of which one case was registered for the offence 'murder for gain' and two cases were registered in Mumbai in similar nature and another one case was registered in Tirunelveli District for the similar nature of offence.

4.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. He further submitted that these cases are put up by the police party in order to wreck vengeance against the petitioner and also he denied the four previous cases pending against the petitioner and none of the cases were filed by the

respective police stations and that also false in nature. Hence, he prays for bail to the petitioner.

5. The learned Government Advocate (Crl. side) submitted that the petitioner is a habitual offender and he break open the houses and committed theft of gold jewels and money and in some cases, the petitioner tried to break open and commit theft. Apart from the above cases, four previous cases are pending against the petitioner, out of which one case was registered for the offence 'murder for gain' and two cases were registered in Mumbai in similar nature and another one case was registered in Tirunelveli District for the similar nature of offence. Totally 11 cases were pending against the petitioner. Hence, he vehemently objected to grant bail to the petitioner.

6. Considering the facts and circumstances of the case and also considering the gravity of offences committed by the petitioner and considering the previous cases pending against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, these Criminal Original Petitions are dismissed.

sd/- 23/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB INSPECTOR OF POLICE, SATHANKULAM POLICE STATION, THOOTHUKUDI DISTRICT. 2 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI 3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SUB INSPECTOR OF POLICE THATTARMADAM POLICE STATION, THOOTHUKUDI DISTRICT +1. CC to M/S.M.JEGADEESHA PANDIAN Advocate SR.No.33166

ORDER

IN CRL OP(MD) Nos.12723, 12724, 12725, 12726, 12727,12728 and 12729 of 2017 Date :23/10/2017 SM:PM-PN:SAR 4:31.10.2017:3P/6C