Madras High CourtCRL A(MD)/300/2018dismissed

Saravanan @ Sintha Saravanan v. The Deputy Superintendent Of

2018-08-10Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2018

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.A.(MD)No.300 of 2018 Saravanan @ Sintha Saravanan .. Appellant/ Accused No.8

Versus

1) The Deputy Superintendant of Police, Thoothukudi, Thoothukudi District.

2) The Inspector of Police, Thalamuthu Nagar Police Station, Thoothukudi.

(In Crime No.182/2009) .. Respondents / Complainant

3) Muthuraj .. Respondent / De-facto Complainant Prayer: Criminal Appeal filed under Sections 14 A(2) of SC/ST (POA) Act 2015, to call for the records pertaining to the order passed by the Learned II Additional District & Sessions Judge, Tirunelveli in Crl.M.P.No.1477 of 2018 in P.R.C.No.39 of 2015 dated 15.05.2018 and enlarge the appellant on bail in connection with the P.R.C.No.39 of 2015 on the file of the Learned Judicial Magistrate No.II, Thoothukudi.

For Appellant : Mr.R.Aravind Raj For RR 1 & 2 : Mr.A.Robinson, Government Advocate.

(Crl., side)

JUDGMENT

Heard Mr.R.Aravind Raj, learned counsel appearing for the petitioner and Mr.A.Robinson, learned Government Advocate (Criminal side) appearing for the respondents 1 and 2.

2. The petitioner herein, a notorious history-sheeted, is one of the accused in Crime No.182 of 2009 Thalamuthu Nagar Police Station for offences under Sections 147, 148, 149, 341, 302 and 506

(11) of Indian Penal Code r/w Section 3(2)(v) of SC/ST(POA) Act. Since he did not attend the Court on the date of hearing, Non Bailable Warrant(NBW) was issued against him and he was absconding for some time.

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3. The petitioner was arrested by the police officials of Talakulam Police Station, subsequently for the offence committed in in Crime No.417 of 2017 under Sections 294(b), 341, 387, 307 and 506 (ii) of IPC. He was produced before the II Additional District & Sessions Judge, Tirunelveli, under PT Warrant on 01.8.2017. On that date, the NBW was executed in the present case and he was remanded. Since then, the petitioner is in judicial custody.

4. From the antecedents of the accused/petitioner herein, this Court finds that, after getting bail in this case, the petitioner has involved in several other cases registered in Talakulam Police Station, Eral Police Station and Sayalkudi Police Station for various offences.

5. In the light of the above fact, this Court finds that the petitioner herein, does not deserve liberty. Hence, this Criminal Appeal is dismissed.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The II Additional District & Sessions Judge, Tirunelveli.

2. The Judicial Magistrate No.II, Thoothukudi.

3. -Do-Through- The Chief Judicial Magistrate, Tuticorin.

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

5. The Deputy Superintendant of Police, Tuticorin, Tuticorin District.

6. The Inspector of Police, Thalamuthu Nagar Police Station, Tuticorin.

Crl.A.(MD)No.300 of 2018 10.08.2018 https://hcservices.ecourts.gov.in/hcservices/ STS ES/SKN/RSK/SAR 4/04.09.2018/2P/7C