Madras High CourtCRL OP(MD)/11200/2022dismissed

K.Solaiappan v. The Inspector Of Police

2022-06-30Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.11200 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11200 of 2022 K.Solaiappan ... Petitioner/Accused No.5 Vs State Rep.by The Inspector of Police, Avaniyapuram Police Station, Madurai.

Cr.No.213/2003.

... Respondent/Complainant For Petitioner : M/s.Kalidoss G, 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.213 of 2003 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.5 herein, who was arrested on 02.02.2022 for the alleged offence under Sections 399 & 402 of I.P.C, in Crime No.213 of 2003, on the file of the respondent police, seeks bail.

2.The learned Government Advocate (Crl. Side) for the respondent police submitted that originally he was granted bail on 25.01.2003. Later, he absconded and warrant was issued on 05.10.2018. That was executed on 02.02.2021. Ever since, he is in custody. He further submitted that the petitioner is having 3 previous cases in similar nature.

3.Considering the habitual nature of the petitioner and previous absconding, he is not entitled for bail since trial process is not commenced sofar. The petitioner can move bail application before the concerned Court after completing the evidence of P.W.1. For that purpose, the respondent police is directed to produce P.W.1 before the trail Court within a period of 15 days from the date of receipt of a copy of this order.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11200 of 2022 4.With the above said liberty and direction, this Criminal Original Petition is dismissed.

sd/- 30/06/2022 / TRUE COPY / /07/2022 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 INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI. 2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.11200 of 2022 Date :30/06/2022 RS/PN/SAR.1 (06.07.2022) 2P-4C https://www.mhc.tn.gov.in/judis 2/2