Madras High CourtCRL OP(MD)/11395/2019dismissed

Sambath v. The Inspector Of Police

2019-08-14Honourable Mr Justice P. Rajamanickam2 pages

CRL OP(MD). No.11395 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.11395 of 2019 Sambath, ... Petitioner/Accused No.A1 Vs State Represented by The Inspector of Police, Melattur Police Station Thanjavur District Crime No. 40 of 2019.

... Respondent/Complainant For Petitioner : M/s. M. Prabu, Advocate.

For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 40 of 2019 on the file of the Respondent Police.

ORDER : The Court Made the following order :- This petition has been filed by the petitioner/ accused no.1 seeking bail for the alleged offence under Section 394 of IPC

2. Heard both sides

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against the petitioner. He would further submit that the petitioner herein was arrested and remanded to judicial custody on 02.06.2019 and from https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.11395 of 2019 that date onwards, he is in custody. He further submitted that this is the second bail application and the first bail application was dismissed by this Court on 30.07.2019 Therefore he prayed to grant bail to the petitioner.

4. The learned Government Advocate(Crl.Side) would submit that this is the second bail application and the first bail application was dismissed by this Court on 30.07.2019 on the ground that the petitioner is having three previous cases of similar nature Hence he strongly opposed to grant bail to the petitioner.

5. Taking into consideration of facts and circumstances of the case and also the fact that the present petition has been filed within a week after the dismissal of the first petition and the petitioner has not stated any change of circumstances, this Court is not inclined to grant bail to the petitioner.

7. Hence, this petition is dismissed.

sd/- 14/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

2 THE INSPECTOR OF POLICE MELATTUR POLICE STATION THANJAVUR DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.11395 of 2019 Date :14/08/2019 KM/PN/SAR-II (21.08.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2