M. Kumaresan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11470 of 2016 M. KUMARESAN ... PETITIONER /1ST ACCUSED Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE TOWN SOUTH POLICE STATION, DINDIGUL TOWN, DINDIGUL DISTRICT.

(CRIME NO. 463 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S D.SELVARAJ Advocate For Respondent : MR.P.KANNITHEVAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who is arrayed as accused No.1 was arrested and remanded to judicial custody on 18.06.2016 for the alleged offences punishable under Sections 41(2) of Cr.P.C and 399 and 402 of IPC in Crime No.463 of 2016, on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that on 18.06.2016 when the respondent police went along with his police party for a usual ride, they found that the petitioner and other accused persons standing in a suspicious manner, on seeing the police personnel run away from the place of occurrence. The petitioner and A2 were arrested and they confessed that they were preparing to commit the dacoity. On complaint, a case has been registered for the above said offences.

3. The case of the petitioner is that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case.

4.The learned Government Advocate(Crl.side) submitted that the petitioner is a habitual offender and he is having three previous cases in Crime Nos.176 and 177 of 2015 and 369 of 2016 and if the petitioner is enlarged on bail he will indulge in similar offence and prayed for dismissal of this petition. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the serious nature of allegations levelled against the petitioner and also considering the submission of the learned Government Advocate (Crl. Side), this Court is not inclined to enlarge the petitioner on bail.

6. Accordingly, the Criminal Original Petition is dismissed. sd/- 13/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, DINDIGUL TOWN,DINDIGUL DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S D.SELVARAJ Advocate SR.No.36075 GJM/SKS/RR/SAR-III-18.7.16-2P-4C

ORDER

IN CRL OP(MD) No.11470 of 2016 Date :13/07/2016 https://hcservices.ecourts.gov.in/hcservices/