Srinath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Srinath ... Petitioner/Accused No.1 Vs The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

(In Crime No.1982 of 2021).

... Respondent/Complainant For Petitioner :

Mr.Vignesh K, Advocate.

For Respondent :

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.1982/2021 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested for the offence under Sections 148, 341 and 307 of IPC @ 147, 148, 341, 120(b), 307, 302 and 149 of IPC in Crime No.1982 of 2021, on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that due to previous enmity, the petitioner and his friends have attacked one Yogeshwaran, the son of the defacto complainant by weapons and he sustained severe injuries. Therefore, he was admitted in the Hospital and subsequently, he died. The respondent police filed a charge sheet before the Judicial Magistrate No.1, Kumbakonam, Thanjavur District in PRC No.13 of 2023.

3.The learned counsel appearing for the petitioner submits that this is the third bail application filed by the petitioner. Earlier bail petitions have been dismissed by this Court on 11.01.2024 and 14.02.2024. The petitioner is languishing in jail for the past 237 days.

4.The learned Additional Public Prosecutor appearing for the respondent strongly opposes for grant of bail to the petitioner and submits that twelve previous cases are pending as against this petitioner. Due to his absence in the Court proceedings, Non-Bailable Warrant has been issued as against this petitioner on 25.07.2023 and he was arrested and remanded to judicial custody on 19.08.2023. 5.Considering the antecedents of the petitioner and since there is no change in circumstances after the dismissal of earlier petitions, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed with a 2/4

direction to the trial Court to conclude the trial in PRC No.13 of 2023 within a period of six weeks from the date of receipt of a copy of this order. sd/- 22/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN To 1.The Judicial Magistrate No.I, Kumbakonam, Thanjavur District.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

4.The Superintendent, Central Prison, Pudukkottai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.6112 of 2024 Date :22/04/2024 3/4

ED/ GS /SAR- (29/04/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4