Rajadurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1568 of 2017 RAJADURAI ... PETITIONER/ ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO. 62 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.POLAX LEGAL SOLUTIONS Advocate For Respondent : M/S.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / accused, who was arrested on 22.01.2017 for the offences punishable under Sections 294(b), 307 and 506(ii) IPC in Crime No.62 of 2017 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due previous enmity, the petitioner attacked the de facto complainant with aruval and also threatened him with dire consequences.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the de facto complainant preferred a complaint against the petitioner and the same is registered in Crime No.38 of 2017 by the respondent Police, in which, bail was granted in Crl.M.P.No.688 of 2017 by the Judicial Magistrate No.I, Kovilpatti.

4.The learned Government Advocate (Crl. Side) submitted that the petitioner is the sole accused and no one sustained injury in the said occurrence. He also submitted that including under Section 307 IPC, the petitioner is having apart from this, 7 previous cases, which are pending in various police stations at Kovilpatti. He further submitted that investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and considering the bad antecedent of the petitioner ie., 9 previous cases are pending against the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original petition is dismissed.

sd/- 14/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KOVILPATTI.

2 THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

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

4 THE INSPECTOR OF POLICE, KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT.

5 THE OFFICER INCHARGE, SUB JAIL KOVILPATTI.

ORDER

IN CRL OP(MD) No.1568 of 2017 Date :14/02/2017 KK-PM-PN-SAR2-23.02.2017-2P-6C https://hcservices.ecourts.gov.in/hcservices/