Madras High CourtCRL OP(MD)/15408/2021dismissed

M.Nagarajan v. The Deputy Superintendent Of Police

2021-10-28Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.15408 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.15408 of 2021 M.Nagarajan ... Petitioner/Not known Vs.

1.The Deputy Superintendent of Police, Palayamkottai, Tirunelveli, Tirunelveli District.

2.State rep by The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli, Tirunelveli District.

(Crime No.362 of 2021) ... Respondents 1 & 2/ Complainants 3.Nagarajan ...

Respondent 3 / Defacto Complainant 4.Kannan ... Respondent 4 / Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the II Additional District Judge (PCR Court), Tirunelveli, to consider the bail application of the petitioner herein on the same day of surrender pertaining to Crime No.362 of 2021, on the file of the second respondent police station. For Petitioner : Mr.N.Vignesh For R-1 and R-2 : Mr.R.M.Anbunithi, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the II Additional District Judge (PCR Court), Tirunelveli, to consider the bail application of the petitioner herein on the same day of surrender pertaining to Crime No.362 of 2021, on the file of the second respondent police station.

2. The petitioner is the accused in Crime No.362 of 2021, on the file of the second respondent for the offences punishable under Sections 294(b), 324, 506(1) IPC and Sections 3(i)(r), 3(i)(s) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15408 of 2021 & 3(2)(va) of SC/ST (POA) Amendment Act 2015.

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submits that two previous cases are pending against the petitioners in Crime Nos. 52 of 2019, for the offences punishable under Sections 294(b), 324, 506 (i) IPC and 534 of 2017, for the offences punishable under Sections 379 IPC.

4. Considering the facts and circumstances of the case and also taking into consideration the submission of the learned Additional Public Prosecutor and also considering the antecedents of the petitioner, this Criminal Original Petition is dismissed, holding that this petitioner is not entitled to the discretionary relief.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 Deputy Superintendent of Police, Palayamkottai, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.15408 of 2021 28.10.2021 RD/JC (15.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2