Senthilvel @ Murugan @ Nariparai Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Senthilvel @ Murugan @ Nariparai Murugan, ... Petitioner/Accused 1 Vs The Inspector of Police, Palavoor Police Station, Palavoor, Tirunelveli District.

Cr.No.143 of 2012.

... Respondent/Complainant For Petitioner : Mr.S.Palanivelayutham, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To pass an order directing the petitioner to be released on bail in connection S.C.No.838 of 2023 on the file of the Assistant Sessions Judge, Valliyoor, Tirunelveli District in relation to Crime No.143 of 2012 on the file of the respondent. ORDER : The Court made the following order :- This Petition is filed enlarge the petitioner on bail in connection S.C.No.838 of 1/3

2023 on the file of the Assistant Sessions Judge, Valliyoor, Tirunelveli District in relation to Crime No.143 of 2012 on the file of the respondent police.

2. The learned counsel for the petitioner would submit that the petitioner is under prolonged incarceration, for more than one year in this case. The case is still pending for trial. Even though the prosecution is merely alleging that the petitioner has got a number of previous cases, he would produce the orders of acquittal in all those cases and submit that this is a fit case to enlarge the petitioner on bail.

3. Heard the learned counsel on either side.

4. After considering the arguments of the learned counsel for the petitioner and the Additional Public Prosecutor, it can be seen that, at present, apart from the present case, the petitioner is in custody in two other cases. I could see that the case in crime No.252 of 2007, is still pending as PRC.No.1 of 2008 for more than 17 years and the petitioner was now only arrested in that case on 18/07/2024 on P.T.warrant and the case is pending for committal. The petitioner is also formally arrested on 10/05/2023, in Aralvzimozhi Police Station crime No.482 of 2005 on 10/5/2023, which is now pending as S.C.No.66 of 2004. If the cases are long pending for the appearance of the petitioner and considering the fact that in the present case, the trial is about to be over, I am of the view that this is not a fit case for grant of bail at this stage.

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5. Accordingly, this Petition stands dismissed. sd/- 18/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE ASSISTANT SESSIONS JUDGE, VALLIYOOR, TIRUNELVELI DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT JAIL, NAGERCOIL.

3 THE INSPECTOR OF POLICE, PALAVOOR POLICE STATION, PALAVOOR, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15375 of 2024 Date :18/09/2024 SA/VR/SAR. /16.10.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3