Bala @ Kattaikal Bala @ v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9542 of 2016 BALA @ KATTAIKAL BALA @ BALAMURUGAN, ... PETITIONER / ACCUSED No.1 Vs State by THE INSPECTOR OF POLICE C-2, SUBRAMANIYAPURAM POLICE STATION, MADURAI - 625003 IN CRIME NO. 540 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S P.BALAMURUGAN Advocate For Respondent : Mr.K.Anbarasan, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as accused No.1, who was arrested and remanded to judicial custody on 29.05.2016 for the alleged offences punishable under Sections 25(1)(A) of Arms Act and 506(ii) IPC, in Crime No.540 of 2016, on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that the de facto complainant is working as a servant in a wine shop bar at Venkadachalapuram, Madurai. On 29.05.2016 at about 12.15 pm., the petitioner came to the bar and after buying liquor and other items, he left the place without paying money for the same. When the de facto complainant demanded money, he suddenly took an aruval and threatened him with dire consequences. On complaint, case has been registered for the above said offences.

3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. On the date of occurrence, while the petitioner was sleeping in his home, the respondent police took him to the police station stating that they want to enquire about his previous cases, but the police foisted a false case. The petitioner is in judicial custody from 29.05.2016.

4.The learned Government Advocate(Crl.side) submitted that on 29.05.2016, the petitioner went to the bar and after buying liquor and other items, left the place without paying money and when the de https://hcservices.ecourts.gov.in/hcservices/

facto complainant demanded money, he took an aruval and threatened him with dire consequences. There are two previous cases are pending against the petitioner for the offence under Section 302 I.P.C. Investigation is pending.

5.Considering the facts and circumstances of the case and considering the fact that he has two previous cases for the offence under Section 302 I.P.C. and investigation is pending and also considering the serious nature allegations levelled against the petitioner, this Court is not inclined to enlarge the petitioner on bail and accordingly this petition is dismissed. sd/- 17/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 2 THE INSPECTOR OF POLICE C-2, SUBRAMANIYAPURAM POLICE STATION, MADURAI - 625003 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S P.BALAMURUGAN Advocate SR.No.31574 sm:SK-SKN:SAR I:22.06.2016:2P/5c

ORDER

IN CRL OP(MD) No.9542 of 2016 Date :17/06/2016 https://hcservices.ecourts.gov.in/hcservices/