Karthikeyan @ Karthick @ Panda Karthick v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN,J CRL OP(MD). No.10509 of 2022 Karthikeyan @ Karthick @ Panda Karthick ... Petitioner/ Accused No.3 Vs State rep.by The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.

(Crime.No.512 of 2022).

... Respondent/Complainant For Petitioner : M/s.Karunakaran K M, Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.512 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.3, who was arrested on 20.05.2022 for the alleged offences under Sections 147, 148, 294(b), 307, 323, 324, 560(ii) of IPC r/w 25(1A), 27(2) of Arms Act, in Crime No.512 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 19.05.2022, at about, 05.00 p.m, when the defacto complainant was in his shop, the accused persons came there and abused him in filthy language. That was questioned and objected. At that time, the petitioner alleged to have assaulted the defacto complainant with a sword. He sustained injury and was taken to the hospital. Based upon which, complaint has been registered.

https://www.mhc.tn.gov.in/judis

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

4.The only objection raised by the learned Government Advocate (Crl.Side) is that the petitioner is having 7 previous case and ha has also given a list of cases. Wherein find that, among 7 previous cases, 1 case is under Section 302 IPC case in Crime No.307 of 2016 and it is pending for trial. He was released on bail in that matter and came out and again committed offence.

5.Considering the facts and circumstances of the case and also considering the antecedents of the petitioner shows that the petitioner is a habitual offender. Hence, this Court is not inclined to grant bail at this stage, even though he is in custody from 20.05.2022.

6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 08/07/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 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 INSPECTOR OF POLICE, PATTUKOTTAI TOWN POLICE STATION, THANJVUR DISTRICT.

2. THE SUPERINTENDENT, CENTRL PRISON, TRICHY.

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

ORDER

IN CRL OP(MD) No.10509 of 2022 Date :08/07/2022 SP/SVR/SAR III/15/07/2022/2P/4C https://www.mhc.tn.gov.in/judis