Al Ashik @ Ashik Mohammed v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.14543 of 2016 AL ASHIK @ ASHIK MOHAMMED ... PETITIONER / ACCUSED No.1 Vs STATE REP BY THE SUB INSPECTOR OF POLICE VEDASANDUR POLICE STATION, VEDASANDUR, DINDIGUL DISTRICT.
(CRIME.NO. 322 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.KARUNA Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner who is arrayed as accused was arrested and remanded to judicial custody for the alleged offences punishable under Sections 147,148,341, 307 and 109 of IPC and Section 3 of TNPPDL Act, in Crime. No.322 of 2016, on the file of the respondent police and hence, seeks bail.
2. The case of the prosecution is that due to previous enmity, the petitioner along with other accused waylaid the defacto complainant and attacked him with knife and iron rod and also threatened with dire consequences. On complaint, a case has been registered against the petitioner.
3. The case of the petitioner is that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and due to the quarrel between the police, his name has been falsely implicated in this case.
4.The learned Government Advocate(Crl.side) submitted that the petitioner is having 7 previous cases in the similar nature of offences and the investigation of the case is pending. Details of previous cases:- https://hcservices.ecourts.gov.in/hcservices/
S.No.
Crime No.
Offecnes Name of the Police Station 278/13 151 Cr.P.C. r/w. 7(1) (a) CL Act 361/2015 143 and 188 of IPC 422/2015 143 and 188 of IPC 577/2015 143,341,153 and 188 of IPC 5.
741/2015 341,145 and 188 of IPC 132/2016 147,341,153(A), (b), 323 and 506(i) of IPC 7.
518/2016 143, 294(b),323 and 506(i) of IPC Town West Police Station 5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is having 7 previous cases, this Court is not inclined to enlarge the petitioner on bail.
6. Accordingly, the Criminal Original Petition is dismissed. sd/- 12/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SUB INSPECTOR OF POLICE, VEDASANDUR POLICE STATION, VEDASANDUR, DINDIGUL DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3 THE OFFICER INCHARGE, DISTRICT PRISON AT DINDIGUAL
ORDER
IN CRL OP(MD) No.14543 of 2016 Date :12/08/2016 SMA/SK-SKN/SAR-I/22/08/2016 :2P/4C https://hcservices.ecourts.gov.in/hcservices/