Thangajose @ Jose v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI THANGAJOSE @ JOSE ... PETITIONER/ACCUSED NO.4 Vs THE INSPECTOR OF POLICE ARALVAIMOZHI POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO.145 OF 2023) ... RESPONDENT/COMPLAINANT For Petitioner :

M/S.N.ANANDAKUMAR, Advocate For Respondent :

MR.T.SENTHIL KUMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER : TO ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH S.C.NO.61 OF 2024 ON THE FILE OF THE PRINCIPAL SESSIONS JUDGE, KANYAKUMARI DISTRICT AT NAGERCOIL.

ORDER : The Court Made the following order :- The petitioner is facing a charge in S.C.No.61 of 2024 on the file of the learned Principal Sessions Judge, Kanyakumari District at Nagercoil, for the offence under Sections 341, 342, 294(b), 302 and 506(ii) IPC. When the case was posted for hearing on on 13.12.2023, the petitioner has failed to appear before the trial Court and 1/3

therefore, a Non-Bailable Warrant was issued against the petitioner, based on which, the petitioner was arrested by the respondent Police on 02.02.2024. Therefore, the petitioner has filed this petition seeking bail. 2.The learned counsel appearing for the petitioner submits that the petitioner met with an accident on 08.12.2023, for which, he was taking treatment, therefore, he could not appear before the trial Court on 13.12.2023. He further submits that the petitioner is in no way connected with the alleged occurrence, however, he has been implicated in this case.

3.The learned Additional Public Prosecutor appearing for the respondent Police opposes for grant of bail on the ground that the petitioner is also involved in eight cases, out of which, two cases are relating to the offence under Section 302 IPC and three cases are relating to the offence under Section 307 IPC. He further submits that the case is posted on 15.04.2024 for trial.

4.Considering the nature of offence and also considering the antecedent of the petitioner, this Court is not inclined to grant bail to the petitioner. 5.Accordingly, this Criminal Original Petition is dismissed. sd/- 04/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE PRINCIPAL SESSIONS JUDGE, KANYAKUMARI DISTRICT AT NAGERCOIL.

2 THE INSPECTOR OF POLICE, ARALVAIMOZHI POLICE STATION, KANYAKUMARI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT JAIL, NAGERCOIL. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :04/04/2024 RS/GS/SAR-(10.04.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3