Devikumar v. The Sub Inspector Of Police

CRL OP(MD). No.8754 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.8754 of 2023 Devikumar, ... Petitioner/Accused 1 Vs The State rep.by The Sub Inspector of Police, Karivalam Vantha Nallur Police Station, Tenkasi District.

Crime No.65 of 2014.

... Respondent/Complainant For Petitioner : M/s.Sundarapandian.S, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.65 of 2014 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/ A1, who was arrested and remanded judicial custody on 31.03.2023 for the offences punishable under Sections 364,342,302 r/w.34 of IPC in Crime No.65 of 2014, on the file of the respondent police, seeks bail.

2. Earlier the petitioner was arrested and released on bail. Thereafter the petitioner did not appear before the trial Court , hence Non Bailable Warrant was issued. The petitioner was arrested on execution of Non Bailable Warrant on 31.03.2023 3.The learned counsel for the petitioner would submit that the petitioner is regularly appearing before the trial Court on all hearing dates and due to his poverty he went to Kerala for work hence, he was unable to appear before the trial Court, due to which Non Bailable Warrant came to be issued and the petitioner was remanded to custody pursuant to the execution of Non Bailable Warrant on 31.03.2023.

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CRL OP(MD). No.8754 of 2023

4. The learned Additional Public Prosecutor opposing the bail petition would submit that the petitioner is absconding for nearly four years and with much difficulty the respondent police secured the petitioner. Further, six previous cases are pending against the petitioner, of which four cases are already disposed of and two cases are ripe for trial and if the petitioner is released on bail, he may abscond again.

5.Taking into consideration the gravity of offence and also taking note of the previous bad antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Hence the petition stands dismissed.

sd/- 17/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE SUB INSPECTOR OF POLICE, KARIVALAM VANTHA NALLUR POLICE STATION, TENKASI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN CRL OP(MD) No.8754 of 2023 Date :17/05/2023 SA/MMS/SAR.4/18.05.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2