Madras High CourtCRL OP(MD)/2112/2017dismissed

Anand @ Anandharaj, v. State Rep By

2017-02-27Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.2112 of 2017 ANAND @ ANANDHARAJ ... PETITIONER/ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

CRIME NO.311 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.SUNDARA PANDIAN Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was surrendered and remanded to judicial custody on 13.02.2017, for the offences punishable under Sections 341, 294(b), 324 and 506(ii) of IPC., r/w Section 3(1)(r)(s) and 3 (2)(Va) of SC/ST (POA) Act, 1989, in Crime No.311 of 2016, on the file of the respondent police, seeks bail.

2. The learned counsel appearing for the petitioner states that the petitioner is an innocent and he is having no bad antecedents and earlier, he was detained under Goondas Act and due to that, he could not comply with the conditions imposed by the learned Second Additional Sessions Judge, Tirunelvely and now the detention order was quashed and he has obtained bail in all the cases.

3. The learned Government Advocate (crl.side) appearing for the respondent states that there are totally five accused in this case and the petitioner herein is A5 in P.R.C.No.9 of 2017, pending on the file of the learned Judicial Magistrate No.I, Tirunelveli and the remaining accused are appearing before the concerned Court and the case is pending for committal stage. The petitioner is having 23 previous cases and the petitioner has not complied the condition imposed in Crl.M.P.No.3456 of 2016 in which interim bail was granted by the concerned Sessions Court, Tirunelvely and he failed to comply with the conditions and he was arrested under NBW in this case. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the above facts and circumstances of the case and also considering the fact that the petitioner is having several previous cases and he was already detained under Goonds Act and thereafter, it was revoked and the stage of this case is in committal stage, this Court is not inclined to grant bail to the petitioner, at this stage, and hence, the Criminal Original Petition stands dismissed.

sd/- 27/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,TIRUNELVELI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE II ADDITIONAL SESSIONS JUDGE, TIRUNELVELI. 4 DO THROUGH THE PRINCIPAL SESSIONS JUDGE,TIRUNELVELI. 5 THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

6 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

7 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. MPK CSL/CM-MSA/SAR-I/03.03.2017 : 2P/8C

ORDER

IN CRL OP(MD) No.2112 of 2017 Date :27/02/2017 https://hcservices.ecourts.gov.in/hcservices/