Kanna v. The Inspector Of Police

CRL OP(MD). No.6847 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/05/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.6847 of 2021 Kannan ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Keeraithurai Police Station.

Crime No.420/2018.

... Respondent/Complainant For Petitioner : Mr.K.Pal Murugan, Advocate.

For Respondent : Mr.M.Muthu Manickam, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.420 of 2018 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner is in custody from 02.03.2021 for the offences under Sections 147, 148, 120(b), 452, 294(b), 302 and 506(ii) r/w 34 of IPC in Crime No.420 of 2018 on the file of the respondent police. He seeks bail.

2. The learned counsel for the petitioner submits that the petitioner has been in judicial custody for the past 444 days and due to non-appearance before the concerned court, Non Bailable Warrant was issued and he was secured and remanded to custody. The reason assigned by the petitioner is that he suffered from jaundice and therefore he could not appear before the court at the relevant time.

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent police.

4. Though the petitioner has submitted that he suffered from jaundice, he has not produced any medical certificate to prove the same. A reading of the order passed by the IV Additional Sessions and District Judge,Madurai, would show that the petitioner is https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6847 of 2021 involved in some other heinous offences also. An earlier application was dismissed on 20.11.2020. Thereafter, the second application in Crl.M.PNo.31 of 2021 was moved and the same was also dismissed on 18.01.2021. In the light of the above, I am unable to find any reason to interfere with the order passed by the learned IV Additional District and Sessions Judge, Madurai on any aspect since the petitioner did not comply with the earlier order properly. I also did not find any reason to enlarge the petitioner on bail and if the petitioner is enlarged on bail, there is more likelihood of the petitioner to tamper the evidence and he would abscond from attending the trial and the petitioner deserves no consideration. Hence, this petition is dismissed.

sd/- 19/05/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE, KEERAITHURAI POLICE STATION.

2 THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.6847 of 2021 Date :19/05/2021 MSA MS/PN/SAR-3/25.05.2021/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2