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Madras High CourtCRL OP(MD)/21617/2023dismissed

Dineshkumar @ Manda Dinesh v. The Inspector Of Police

2023-11-30Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Dineshkumar @ Manda Dinesh ... Petitioner/ Accused No.5 Vs State represented by The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

Crime No.279 of 2022.

... Respondent/Complainant For Petitioner : M/s.J.Yogeswaran, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl.side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.279 of 2022 on the file of the Respondent Police. 1/4

ORDER : The Court made the following order :- The petitioner / Accused No.5 herein, who was arrested and remanded to custody on 16.07.2022 for the alleged offences under Sections 147, 148, 294(b), 342, 307, 302 and 506(ii) of IPC r/w 149 of IPC, in Crime No.279 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 16.07.2022, the petitioner along with other accused persons formed an unlawful assembly with deadly weapons and abused the defacto complainant's brother in filthy language, assaulted him and threatened him with sword. The defacto complainant's brother died in this incident. Hence the complaint.

3. Learned counsel for the petitioner submitted that co-accused have been granted bail by the trial Court or by some other Courts.

4. Learned Additional Public Prosecutor submitted that the petitioner is having seven previous cases, among them, three cases are murder case. 2/4

5. In view of the submission made by the learned Additional Public Prosecutor, this Court is not inclined to grant relief to the petitioner. The petitioner can move the bail application before the concerned Court after examination of the material witnesses are over.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 30/11/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn To 1.THE JUDICIAL MAGISTRATE NO.1, SIVAGANGAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3.THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

4.THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE 3/4

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

ORDER

IN CRL OP(MD) No.21617 of 2023 Date :30/11/2023 RK/DD(07/12/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4