Madras High CourtCRL OP(MD)/9741/2020dismissed

Mariselvan v. The Inspector Of Police

2020-09-14Honourable Mr Justice V. Bharathidasan2 pages

CRL OP(MD). No.9741 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/09/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.9741 of 2020 Mariselvan ... Petitioners/Accused No.2 Vs The State rep.by The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

In Crime No. 44 of 2020.

... Respondent/Complainant For Petitioner : Mr.J.Vishnu, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.44 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/A2 herein was arrested and remanded to judicial custody on 13.07.2020 for the alleged offences under Sections 457,380 and 414 of IPC.

2. The case of the prosecution is that the petitioner herein along with A1 in this case is said to have broke open the battery shop and stolen 63 batteries and also sold 10 batteries. Hence the complaint.

3.The Government Advocate(Crl.Side) would submit that the petitioner is having 15 previous cases of similar nature and he is a https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.9741 of 2020 habitual offender. He would also submit that if the petitioner is released on bail, he will indulge in similar type of offence again. He would also submit that some of the accused persons are still absconding and the some of the stolen properties are yet to be recovered.

5. Taking into consideration the fact that there is no change in circumstances of the case and also the fact that the petitioner is a habitual offender and having several previous cases, this Court is not inclined to grant bail to the petitioner.

6. Hence this petition stands dismissed.

sd/- 14/09/2020 / TRUE COPY / / /2020 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 SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

2.THE INSPECTOR OF POLICE, VALLIYOOR POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9741 of 2020 Date :14/09/2020 AAV AE/PN/SAR-II (16.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2