N.Palani @ Nachi Palani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI N.PALANI @ NACHI PALANI ... PETITIONER/ACCUSED NO.1 Vs THE INSPECTOR OF POLICE PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT, CRIME NO.632/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.DHILIPANPANDIAN.R.L Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.
Prayer in CRL OP(MD). 22905/ 2023 :
To enlarge the petitioner/accused on bail in the even of arrest in pursuant to NBW dated 06.10.2021 issued by the Judicial Magistrate Court, Pattukottai, Thanjavur District in CC.No.229/2017 ORDER : The Court Made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 19.09.2023 for the alleged offences under Sections 294(b), 352, 379 of IPC in Crime No.632 of 2016 on the file of the respondent Police, seek bail. 1/4
2. The case of the prosecution is that the defacto complainant registered the case in the year 2016 and the case has been taken on file as C.C.No.229 of 2017 before the learned Judicial Magistrate, Pattukkottai, Thanjavur Dstrict, as against the petitioner and other accused person. The petitioner absconded for the period from 06.10.2023, hence, the learned Judicial Magistrate issued Non Bailable Warrant as against the petitioner for his non-appearance on 06.10.2023 and thereby, he has been arrested on execution of NBW and remanded to judicial custody. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner did not commit in any such allegations levelled in the F.I.R and he is no way connected with the alleged occurrence. Further he would submit that the petitioner is in custody for the past 71 days. Hence, he prays to grant bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that if the petitioner is released on bail, he would abscond again and stall the case proceedings. Further he would submit that the petitioner is a history 2/4
sheeted person bearing H.S.No.652 of 2008 and he involved 23 previous cases, out of which, 4 cases ended in conviction, 6 cases ended in acquittal and remaining 13 cases are pending as on date, hence, he strongly opposed to grant bail to the petitioner.
5. Heard. Perused the materials available on record including the First Information Report.
6. Considering the facts and circumstances of this case and also considering the previous antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. sd/- 29/01/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (CS- I/ II / III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
indu TO
1. THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.
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3.THE INSPECTOR OF POLICE PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT, 4 THE OFFICER IN CHARGE, DISTRICT JAIL, THANJAVUR, THANJAVUR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :29/01/2024 RK/VR (02/02/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4