M.Thangamariappan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) Nos.14040 to 14043 of 2017 M.THANGAMARIAPPAN ... PETITIONER/ACCUSED No.3 in CRL OP(MD) No.14040 of 2017 M.ASOKACHAKRAAVARTHI ... PETITIONER/ACCUSED No.2 in CRL OP(MD) No.14041 of 2017 MR.KASI ... PETITIONER/ACCUSED No.4 in CRL OP(MD) No.14042 of 2017 K.MURUGAN ... PETITIONER/ACCUSED No.1 in CRL OP(MD) No.14043 of 2017 Vs THE STATE REP BY THE INSPECTOR OF POLICE VIRALIMALAI POLICE STATION, PUDHUKOTTAI DISTRICT, IN CRIME NO.273 OF 2017 ... RESPONDENT/COMPLAINANT IN ALL THE PETITIONS For Petitioner : M/S.R.SHANKARAKUTRALINGAM Advocate in all the petitions For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) in all the petitions PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners/accused, who were arrested and remanded to judicial custody on 07.10.2017, for the alleged offences punishable under Sections 279, 337, 380(2), 411(2) I.P.C., 41(1)(b), 41(1) (d), 102 Cr.P.C., and Section 5 of AAT Act, 1972 in Crime No.273 of 2017 seek bail.
2. The case of the prosecution is that when the petitioners were travelling in the car met with an accident with a State transport Bus at Kodamanikkanpatti and the petitioner was injured severely and taken to the hospital by the respondent police and in the mean time the respondent police had taken out Idol "Lingam" upon suspicion.
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3. The learned Government Advocate (Crl.side) appearing for the respondent police, on instructions, would submit that the petitioners have also filed the bail application before the learned Additional Chief Judicial Magistrate (Special Court for Idol theft Wing), Kumbakonam and the same is pending.
4. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) that the very same bail application is pending before the lower Court. Suppressing the above bail application, similar bail application moved before this Court is not maintainable. I am not inclined to grant bail to these petitioners. Accordingly, all the bail applications are dismissed with cost of Rs.2,000/-(Rupees two thousand only) for each petitioner and the petitioners are directed to deposit a sum of Rs.2,000/- (Rupees two thousand only) each to the credit of Crime No.273 of 2017 before the learned Additional Chief Judicial Magistrate (Special Court for Idol theft Wing), Kumbakonam within a period of two weeks from the date of receipt of a copy of this order.
sd/- 20/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE (SPECIAL COURT FOR IDOL THEFT WING), KUMBAKONAM 2 THE SUPERINTENDET CENTRAL PRISON, TRICHY (PETITIONERS/ACCUSED ARE NOW ADMITTED IN GOVERNMENT HOSPITAL, TRICHY) 3 THE INSPECTOR OF POLICE VIRALIMALAI POLICE STATION, PUDHUKOTTAI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +4. CC to M/S.V.V.KATHIRESAN Advocate SR.Nos.32904 to 32907
ORDER
IN CRL OP(MD) Nos.14040 to 14043 of 2017 Date :20/10/2017 SMA/PM-PN/SAR-4/25.10.2017:2P/9C https://hcservices.ecourts.gov.in/hcservices/