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Madras High CourtCRL OP(MD)/8760/2023dismissed

Elayaraja v. The Inspector Of Police

2023-05-17Honourable Mrs Justice T.V.Thamilselvi2 pages

CRL OP(MD). No.8760 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.8760 of 2023 Elayaraja ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Samayapuram Police Station, Trichy.

(Crime No.109 of 2023).

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

For Respondent : Mr.R.Siva Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.109 of 2023 on the file of the respondent of 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 465, 466, 468, 471, 294(b) and 506(ii) of IPC in Crime No.109 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that one Dhanapackian without any right over the property had forged documents and forged patta and sole the property to the first accused, hence the case was registered and enquiry was pending and when it was questioned by the defacto complainant the first accused abused the defacto complainant in filthy language and threatened with dire consequences. 3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that civil suit is pending between the parties. He further submits that the petitioner is in judicial custody from 31.03.2023, hence he seeks bail.

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

CRL OP(MD). No.8760 of 2023 4.The learned Government Advocate(Crl.Side) would submit that four similar cases are pending against the petitioner, hence he objected to grant bail to the petitioner. Further there is a proposal to detain the petitioner under Act.14 of 1982. 5.Taking into consideration the gravity of offence and also taking note bad antecedents of the petitioner and also the fact that there is a proposal to detain the petitioner under Act.14 of 1982, 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 SUPERINTENDENT, CENTRAL PRISON, TRICHY. 2 THE INSPECTOR OF POLICE, SAMAYAPURAM POLICE STATION, TRICHY. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.8760 of 2023 Date :17/05/2023 RS/MMS/SAR-4(18.05.2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2