Madras High CourtCRL OP(MD)/5185/2022dismissed

Vinayaga Moorthi v. The Inspector Of Police

2022-03-22Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.5185 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.03.2022 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.5185 of 2022 Vinayaga Moorthi

...Petitioner/ Sole Accused

Vs The State rep.by, The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

In Crime No.173 of 2021 ... Respondent /Complainant For Petitioner : Mr.M.S.Jeyakarthik Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :-For bail in Crime No.173 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 30.07.2021 for the offences punishable under Sections 294(b) and 506(ii) IPC and Section 25(1)(a) of Arms Act, 1959, in Crime No.173 of 2021 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that when the defacto complainant along with police parties was on patrol duty on Kadaladi-Managalam Road, the accused came in Pulsar bike, bearing Reg.No.TN69 BE 1629 and on suspicion, when they intercepted the accused, he took sword from his bike and made severe life threat to the defacto complainant and other police officials. Hence, the accused was arrested.

3. This is the second bail petition. The earlier bail petition was dismissed by this Court on 18.08.2021, on the ground that the petitioner is a history sheeted rowdy and he has been detained under Act 14 of 1982.

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CRL OP(MD). No.5185 of 2022

4. The learned counsel appearing for the petitioner submits that this petition has been filed anticipating that by this time, a Habeas Corpus Petition filed by the petitioner would have been allowed.

5. Since there is no change in circumstance, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed with liberty to the petitioner to file a fresh petition as and when the Habeas Corpus Petition is disposed of.

sd/- 22/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KADALADI POLICE STATION, RAMANTHAPURAM DISTRICT 2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.5185 of 2022 Date :22/03/2022 OGY MK/PN/SAR.IV/06.04.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2