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Madras High CourtCRL OP(MD)/5288/2020dismissed

P.Stephen v. The Inspector Of Police

2020-05-05Honourable Dr Justice G. Jayachandran2 pages

CRL OP(MD). No.5288 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/05/2020 PRESENT The Hon'ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.5288 of 2020 P.Stephen ... Petitioner/Accused No.2 Vs The Inspector of Police, Emaneswaram Police Station, Paramakudi, Ramanathapuram District.

(Crime No.84 of 2014). ... Respondent/Complainant For Petitioner : M/s.A.Arputharaj, Advocate.

For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.84 of 2014 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner herein is facing trial for the offence under Section 392 of IPC r/w.Section 34 of IPC is before this Court seeking bail.

2. The crime of chain snatching by this petitioner and three others was committed on 09.10.2014. The petitioner and three others were arrested and released on bail. On completion of investigation, final report was filed before the learned Judicial Magistrate, Paramakudi on 07.06.2018 and taken on file as CC No.67 of 2018. The petitioner herein failed to appear before the trial court on the date of hearing, hence the trial could not proceed with the trial. To secure his appearance Non Bailable warrant was issued. The https://hcservices.ecourts.gov.in/hcservices/

CRL OP(MD). No.5288 of 2020 petitioner was secured on 21.03.2020. Since the abscondance of the petitioner has caused delay in completing the trial the courts below has dismissed the bail petition. Aggrieved by the order, the petitioner is before this Court seeking bail with an undertaking that he will co-operate for early disposal of trial.

3. The learned Additional Public Prosecutor oppose the bail petition on the ground that the petitioner is a habitual offender and had been involved in chain snatching for quite some time. Three cases of similar nature is still pending against him. The petitioner is an History Sheeter and under surveillance. If he is released on bail he will again abscond and deter the progress of trial.

4. The case record fully endorse the submissions of the learned Additional Public Prosecutor. In the said circumstances, it is only appropriate to dismiss the petition.

5. In the result, this petition is dismissed. sd/- 05/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE OFFICER IN CHARGE, SUB JAIL PARAMAKUDI.

2. THE INSPECTOR OF POLICE EMANESWARAM POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.5288 of 2020 Date :05/05/2020 AAV SRS/ JC/ SAR-II/ 05.05.2020/ 2P/4C https://hcservices.ecourts.gov.in/hcservices/