Madras High CourtCRL OP(MD)/8388/2022dismissed

Murugan v. The Inspector Of Police

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

CRL OP(MD). No.8388 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.8388 of 2022 Murugan ... Petitioner/Accused Rank Not Known Vs The State rep.by, The Inspector of Police, Viralimalai Police Station, Pudukkottai.

(Crime No.311 of 2020) ... Respondent/Complainant For Petitioner : MR.K.Arunraj, Advocate.

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

PRAYER :-To enlarge the petitioner on bail Crime No.311 of 2020 on the file of the respondent ORDER : The Court made the following order :- The petitioner who was arrested on 29.03.2022 for the offences under Sections 392, 394 and 397 of IPC,in Cr.No.311 of 2020, on the file of the respondent police, seeks bail.

2.It is the case of the prosecution that the petitioner was earlier granted bail, however, he did not appear before the learned Principal District and Sessions Judge, Pudukottai, for hearing. Hence, Non-Bailable warrant was issued against the petitioner on 10.08.2021 and he was arrested on 29.03.2022 and remanded to the judicial custody on 30.03.2022.

3.The learned counsel appearing for the petitioner would submit that the petitioner was regularly attending the Court on all the hearing dates. Due to his ill-health, he could not appear before the trial Court and there is no intention for his non-appearance. Accordingly, he prayed for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.8388 of 2022 4.The learned Additional Public Prosecutor on instructions would submit that apart from this case, six previous cases are pending against the petitioner which are similar in nature. He would further submit that if the Court enlarges him on bail, there will be no progress in the trial.

5.Considering the fact that the petitioner was arrested on execution of Non-bailable warrant issued against him and the previous antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 11/05/2022 / TRUE COPY / 13/05/2022 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 VIRALIMALAI POLICE STATION, PUDUKKOTTAI 2 THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKOTTAI.

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

ORDER

IN CRL OP(MD) No.8388 of 2022 Date :11/05/2022 SSB/CM MK/VR/SAR.IV/13.05.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2