Madras High CourtCRL OP(MD)/23398/2016disposed of

Sam Daniel Raj v. The Inspector Of Police

2016-12-162 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) Nos.23398, 23399 and 23401 of 2016 SAM DANIEL RAJ ... PETITIONER/2nd ACCUSED IN CRL OP(MD) No.23398/2016 PETITIONER/1st ACCUSED IN CRL OP(MD) No.23399/2016 PETITIONER/2nd ACCUSED IN CRL OP(MD) No.23401/2016 Vs THE INSPECTOR OF POLICE, KARUNGAL POLICE STATION, KANYAKUMARI DISTRICT.

CRIME No.132 of 2009 IN CRL OP(MD) No.23398 of 2016 CRIME No.130 of 2009 IN CRL OP(MD) No.23401 of 2016 ... RESPONDENT/COMPLAINANT THE INSPECTOR OF POLICE, PUDHUKADAI POLICE STATION, KANYAKUMARI DISTRICT.

CRIME No.108 of 2012 IN CRL OP(MD) No.23399 of 2016 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.K.P.NARAYANAKUMAR, ADVOCATE IN ALL THE PETITIONS FOR RESPONDENT : Mr.P.KANDASAMY, GOVERNMENT ADVOCATE ( CRL. SIDE) IN ALL THE PETITIONS PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petition in Crl.O.P.(MD)No.23398 of 2016 has been filed praying to enlarge the petitioners on bail in P.R.C.No.18 of 2009, on the file of the learned Judicial Magistrate, Eraniel in Crime No.132 of 2009, on the file of the respondent Police. 2.The petition in Crl.O.P.(MD)No.23399 of 2016 has been filed praying to enlarge the petitioners on bail in P.R.C.No.3 of 2014, on the file of the learned Judicial Magistrate No.II, Kuzhithurai, in Crime No.108 of 2012, on the file of the respondent Police. https://hcservices.ecourts.gov.in/hcservices/

3.The petition in Crl.O.P.(MD)No.23401 of 2016 has been filed praying to enlarge the petitioners on bail in P.R.C.No.13 of 2010, on the file of the learned Judicial Magistrate, Eraniel in Crime No.130 of 2009, on the file of the respondent Police.

4. Heard both sides.

5. The learned counsel for the petitioners states that the learned Judicial Magistrate has not accepted the surrender of the accused and he was remanded to the custody and he is in custody from 17.11.2016 onwards. It is admitted that the cases are in the stage of committal. The petitioner is having other cases in the stage of PRC, as stated above.

6. Considering the above facts and circumstances of the case and also considering the stage of the case, this Court is not inclined to grant bail to the petitioners, at this stage. Hence, the petitions are dismissed.

sd/- 16/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE JUDICIAL MAGISTRATE, ERANIEL.

2. THE JUDICIAL MAGISTRATE NO.II, KUZHITHURAI.

3. THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

4. THE INSPECTOR OF POLICE, KARUNGAL POLICE STATION, KANYAKUMARI DISTRICT.

5. THE INSPECTOR OF POLICE, PUDHUKADAI POLICE STATION, KANYAKUMARI DISTRICT.

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

7. THE OFFICER-IN-CHARGE, DISTRICT JAIL, NAGERCOIL.

+1. CC to M/S.K.P.NARAYANAKUMAR Advocate SR.No. 81517 ORDER IN CRL OP(MD) Nos.23398, 23399 and 23401 of 2016 Date :16/12/2016 MPK TE/PV/SAR-I : 20/12/2016 : 2P/9C https://hcservices.ecourts.gov.in/hcservices/