Murasoli v. The Inspector Of Police

CRL OP(MD). No.19168 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.19168 of 2019 Murasoli, ... Petitioner/Accused Rank Not Known Vs State represented by The Inspector of Police, Tamil University Police Station, Thanjavur District.

Crime No.242/2019.

... Respondent/Complainant For Petitioner : M/s. K. Navaneetharaja, Advocate.

For Respondent : M/s.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.242 of 2019 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 27.11.2019 for the offences punishable under sections 147, 148, 120(b), 341, 294(b) and 302 of IPC, in Crime No. 242 of 2019 on the file of the respondent police. He seeks bail.

3. The learned Government Advcoate points out that the petitioner has been detained under the Tamil Nadu Act 14 of 1982. The learned counsel for the petitioner would still contend that this Court may be pleased to take up the petitioner's bail application for consideration.

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CRL OP(MD). No.19168 of 2019 4.The settled practice of this Court is that when a petitioner has been detained under the Preventive Detention law, the consideration of the bail petition is deferred till the detention proceedings get concluded. It would be a different matter altogether if a petition has been filed under Section 167 of Cr.P.C. That would a case of accrual of a vested right in law. This is not such a case.

5. Accordingly this Criminal Original Petition stands dismissed. This Court leaves it open to the petitioner to raise all his contentions after the detention proceedings get over. sd/- 02/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, TAMIL UNIVERSITY POLICE STATION, THANJAVUR DISTRICT.

2. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

+1 CC to M/s.K.NAVANEETHARAJA, Advocate ( SR-5[I] dated 02/01/2020 )

ORDER

IN CRL OP(MD) No.19168 of 2019 Date :02/01/2020 PNN AE/JC/SAR-III (08.01.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2