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Madras High CourtCRL OP(MD)/14785/2020dismissed

Nagavelu@Naga Arjun v. The Inspector Of Police

2020-12-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.14785 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/12/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.14785 of 2020 Nagavelu @ Naga Arjun ... Petitioner/Accused No.2 Vs The State rep. by The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

Crime No.385/2013. ... Respondent/Complainant For Petitioner : M/s.C.Susi Kumar, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- To Enlarge the Petitioner on bail in S.C No. 103/2017 on the file of the Learned Assistant Sessions Court, Ramanathapuram. ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 11.02.2020 for the offences punishable under Section 397 of IPC on the file of the respondent police seeks bail. 2.The respondent police completed investigation in Crime No.385 of 2013 and filed final report before the learned Assistant Sessions Judge, Ramanathapuram and the same has been taken cognizance in S.C.No. 103 of 2017. On 13.08.2019 due to ill health the petitioner was unable to appear before the trial Court hence Non Bailable Warrant was issued him.

Thereafter he also committed another crime and the same has been registered in Crime No.26 of 2020 for the offence under Section 397 of IPC on the file of the respondent police. Pending Non Bailable Warrant the petitioner committed another offence and subsequently he was arrested and remanded to judicial custody on 11.02.2020. So far as the petitioner is https://hcservices.ecourts.gov.

CRL OP(MD). No.14785 of 2020 concerned he is involved in seven previous cases of similar nature. Though he was detained under Act.14 subsequently the detention order was set aside by this Court in HCP(MD) No.256 of 2020, dated 16.10.2020.

3. Considering the above facts and circumstances of the case and also the previous bad antecedents of the petitioner and also the petitioner involvement in another crime while Non bailable warrant is pending, this Court is not inclined to grant bail to the petitioner.

4. Hence the petition stands dismissed.

sd/- 15/12/2020 / 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, MADURAI.

2. THE INSPECTOR OF POLICE, KENIKKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.14785 of 2020 Date :15/12/2020 AAV SRS/JC/SAR-II/17.12.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2