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Madras High CourtCRL OP(MD)/8331/2022dismissed

Athisayam @ Athisayapandian v. The Inspector Of Police

2022-05-11Honourable Mr Justice M.Dhandapani2 pages

CRL OP(MD). No.8331 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/05/2022 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD). No.8331 of 2022 Athisayam @ Athisayapandian ... Petitioner/Accused Rank No.9 Vs The State represented by The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

(Crime No.227/2021).

... Respondent/Complainant For Petitioner : No Appearance.

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

PRAYER :- For Bail in Crime No.227 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused who was arrested on 30.07.2021 for the offences under Sections 147, 148, 302, 120B, 506(ii), 109, 212, 114, 149, 34 of IPC, in Cr.No.227 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the defacto complainant's son was murdered by some unknown persons and hence the present complaint came to be filed. The petitioner has been arrayed as accused No.9.

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CRL OP(MD). No.8331 of 2022 3.The learned counsel for the petitioner was not present before this Court and heard the learned Additional Public Prosecutor. 4.The learned Additional Public Prosecutor would submit that the petitioner herein has been implicated in this case, based on the confession statement given by the first accused and the petitioner is in custody for more than 271 days. There are 15 previous cases are pending against the petitioner herein, out of which two cases are under Section 302 of IPC. Therefore, he vehemently opposed the grant of bail to the petitioner.

5.Considering the facts and circumstances of this case and considering the previous cases pending against the petitioner herein, this Court is not inclined to grant relief to the petitioner.

6.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 11/05/2022 / TRUE COPY / 13/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn / sn 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 THALAIYUTHU POLICE STATION, TIRUNELVELI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

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

ORDER

IN CRL OP(MD) No.8331 of 2022 Date :11/05/2022 PKP/PN/SAR-2/13.05.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2