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Madras High CourtCRL OP(MD)/12512/2020dismissed

Rajkumar v. The Inspector Of Police

2020-11-09Honourable Mr Justice S.M. Subramaniam2 pages

CRL OP(MD). No.12512 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/11/2020 PRESENT The Hon'ble Mr.Justice S.M.SUBRAMANIAM CRL OP(MD). No.12512 of 2020 Rajkumar ... Petitioner/Accused Vs The State rep. by The Inspector of Police, Patteswaram Police Station, Thanjavur District.

(Crime No. 07 of 2012). ... Respondent/Complainant For Petitioner : M/s.B.Jameel Arasu, Advocate.

For Respondent : Mr.M.Chandrasekaran, Additional Public Prosecutor PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No. 07 of 2012 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 16.01.2020 for the offences punishable under Sections 120(b), 147,148,109,341,302 IPC r/w.149 of IPC on the file of the respondent police seeks bail.

2. This petition has been filed by the petitioner/A5. Earlier bail petition of the petitioner was dismissed by this Court on 07.09.2020 in Crl.O.P(MD) No.9419 of 2020. In this context this Court has to consider whether any other advantageous circumstances in favour of the accused to grant of bail.

3. The learned Additional Public Prosecutor raised an objection for grant of bail on the ground that the accused is a habitual offender and on several occasions he was absconding and police also made several attempts to arrest him and he was arrested https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12512 of 2020 finally. Because of the petitioner who is the fifth accused in this case the trial is pending for the past eight years and it now posted for committal and in these circumstances the petition is to be dismissed.

4. However considering the fact that the petitioner has involved in some other case in crime No.10 of 2020 and he is absconding for the past several years, this Court is of the considered view that the petitioner has not established any further advantageous circumstances enabling this Court to consider for grant of bail.

5. Accordingly the petition stands dismissed. sd/- 09/11/2020 / 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, TRICHY.

2. THE INSPECTOR OF POLICE, PATTESWARAM POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.12512 of 2020 Date :09/11/2020 AAV SRS/AKM/SAR-II/11.11.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2