Madasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the First day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI MADASAMY ... PETITIONER/ACCUSED NO.7 Vs THE INSPECTOR OF POLICE SEEVALAPERI POLICE STATION, TIRUNELVELI DISTRICT.

CR.NO.219/2022 ... RESPONDENT/COMPLAINANT For Petitioner :

MR.K.SIVABALAN, Advocate For Respondent :

MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER : FOR BAIL IN CRIME NO.219/2022 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A7, who is facing trial for the offences punishable under Sections 341, 147, 148, 109, 294(b), 302 and 506(ii) of IPC @ 341, 147, 148, 149, 109, 294 (b), 302, 506(ii), 120(b) and 114 of IPC, on the file of the learned Judicial Magistrate No.III, Tirunelveli, in Crime No.219 of 2022 on the file of the respondent police, seeks 1/3

bail.

2.The case of the prosecution is that on 10.11.2022 one Alagananthamuthu as a pillion rider went in a two wheeler with one Arumugam bearing Reg.No.TN-72-AB4574. The deceased namely, Mayandi went in a separate two wheeler bearing Reg.No.TN-72-CA-5824, at that time, A1 to A4 and A6 and two juveniles waylaid the deceased and done to death at that time, the petitioner was present in the scene of occurrence. Hence, the respondent police registered a case in Crime No.219 of 2022 and after investigation upon the confession of the other accused, the petitioner was roped into this case and thereafter, he was released on bail on 14.3.2023. Subsequently, he was arrested in another Crime No.189 of 2023 on the file of the C2 Race Course (Crime) Police Station and he was remanded to judicial custody on 18.04.2023.

In the meanwhile, the respondent police moved the cancellation of bail in Cr.M.P.No.7070 of 2023 and the same was allowed on 09.08.2023. Thereafter, the petitioner was rearrested by the respondent police on 16.09.2023. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he did not commit any offence as alleged by the prosecution and he is in judicial custody from 16.09.2023 and hence, he pray for bail. 4.The learned Additional Public Prosecutor would submit that apart from this case, the petitioner has 17 previous cases, out of which, two were murder case.

Hence, he strongly opposed to grant bail to the petitioner. 5.Considering the previous antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition is dismissed.

sd/- 01/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE INSPECTOR OF POLICE, SEEVALAPERI POLICE STATION, TIRUNELVELI DISTRICT.

2 THE SUPERINTEDENT, CENTRAL PRISON, COIMBATORE. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.K.SIVABALAN Advocate SR.No.8758[F] Dated 01/03/2024

ORDER

IN Date :01/03/2024 RS/VR/SAR-(06.03.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3