Madras High CourtCRL OP(MD)/12910/2023dismissed

Pandiaraj @ Othakan Pandiaraj v. The Inspector Of Police

2023-07-18Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Pandiaraj @ Othakan Pandiaraj ... Petitioner / Sole Accused Vs State represented by The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

(In Crime No.267 of 2022) ... Respondent/Complainant For Petitioner : M/s.M.Karunanithi, Advocate For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITIONS FOR ANTICIPATORY BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.267 of 2022 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 06.08.2022 for the alleged offence under Section 397 of IPC, in Crime No.267 of 2022 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 06.08.2022, when the defacto complainant was standing in a tea shop, the petitioner came to him and asked for direction to the Tirunelveli. When the defacto complainant told the direction, the 1/3

petitioner threatened the defacto complainant and snatched his gold chain. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. Hence, seek for the relief of bail.

4. The learned Government Advocate (Crl.side) would submit that trial has started in S.C.No.25 of 2023 before the learned Subordinate Judge, Sivakasi. Out of 19 witnesses, 5 witnesses have been examined in chief. So far cross examination is not done by the petitioner. At this stage, this petition came to be filed. For the past one year the petitioner is in custody. He would further submit that apart from this case, 56 previous cases are pending against the petitioner.

5. Considering the fact that the petitioner is a habitual offender, this Court is not inclined to grant bail to the petitioner. This Criminal Original Petition is dismissed, with a direction to the trial Court to complete the trial within a period of three months from the date of receipt of a copy of this order. sd/- 18/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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PNN TO 1 THE PRINCIPAL DISTRICT & SESSIONS JUDGE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

2 THE SUBORDINATE JUDGE, SIVAKASI.

3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR.

4 THE INSPECTOR OF POLICE, SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

COPY TO:

1 THE REGISTRAR(JUDICIAL) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.12910 of 2023 Date :18/07/2023 SA/MMS/SAR. /28.07.2023/3P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3