Vanikaruppu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Vanikaruppu ... Petitioner/Petitioner Vs The Inspector of Police, Sipcot Police Station, Sivagangai District.

Crime No. 49 of 2017 ... Respondent/Respondent For Petitioner :

Mr.B.Arun, Advocate For Respondent :

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PRAYER :- This Petition is filed to enlarge the petitioner on Anticipatory bail in the event of their arrest in connection with S.C.No.154 of 2017 on the file of the Additional District and Sessions Judge, Sivagangai in Crime No. 49/2017 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 03.09.2023 on execution of Non Bailable Warrant issued by the concerned trial Court for the alleged offences under Sections 392, 397 and 506(ii) IPC in Crime No.49 of 2017 on the file of the respondent Police, seeks bail. 1/3

2. The case of the prosecution is that on 20.12.2017 when the defacto complainant was coming to Sivagangai in his two wheeler, the petitioner and others waylaid and threatened him at knife point and snatched Rs.850/- away from the defacto complainant. On the complaint given by the defacto complainant, the case was registered in Crime No.49 of 2017 by the respondent Police and the petitioner was arrested and remanded to judicial custody. Thereafter, he was enlarged on bail and subsequently, after completing the investigation, a Charge Sheet was filed and the same was taken on file as S.C.No.154 of 2017 on the file of the Additional District and Sessions Judge, Sivagangai. Due to non-appearance of the petitioner on 02.12.2021, the trial Court issued a non-bailable warrant on the same day, pursuant to which, the petitioner was arrested and remanded to judicial custody on 03.09.2023.

3. The learned counsel appearing for the petitioner would submit that the petitioner did not commit any such offence as alleged in the F.I.R and he is in no way connected with the alleged occurrence. He would further submit that the petitioner has co-operated with the trial proceedings in all hearings and due to non- appearance on 02.12.2021, non bailable warrant was issued against the petitioner on 02.12.2021. So, he was arrested and remanded to judicial custody on 03.09.2023.Hence, he prays for bail.

4. The learned Additional Public Prosecutor appearing for the respondent 2/3

would submit that nineteen cases are pending against the petitioner, which are similar in nature. If he is released on bail, he may abscond again and there will be no progress in the trial. This is the third bail application.

5. Considering the facts and circumstances of this case and also considering the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 04/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE ADDITIONAL DISTRICT & SESSIONS JUDGE, SIVAGANGAI. 2 THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, SIVAGANGAI DISTRICT.

3 THE SUPERINTEDENT, CENTRAL PRISON, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.6778 of 2024 Date :04/06/2024 RS/VR/SAR-(14.06.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3