Sivan Perumal v. The Sub Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/12/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Sivan Perumal ... Petitioner/Sole Accused

Vs The Sub Inspector of Police, Veeravanallur Police Station, Veeravanallur, Tirunelveli District. Crime No. 28 of 2018. ... Respondent/Complainant For Petitioner : Mr.N.Pragalathan,

Advocate. For Respondent : Mr.Rms.Sethuraman,

Additional Public Prosecutor Petition for BAIL Under Sec.439 of Cr.P.C PRAYER :-For Bail in Crime No. 28 of 2018 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioner, who is arrayed as accused, was arrested and remanded to Judicial Custody on 28.07.2023 for the offence punishable under Sections 294(b), 302 and 506(ii) IPC in Crime No.28 of 2018 on the file of the respondent police seeks bail.

¶2The case of the prosecution is that due to the non-appearance of the petitioner, Non Bailable Warrant was issued on 08.04.2023 and based on that, the petitioner herein was arrested and he is in jail from 28.07.2023.

¶3The learned counsel appearing for the petitioner submitted that due to ill-health the petitioner has not appeared before the trial Court and he is in judicial custody from 28.07.2023 and seeks bail.

¶4The learned Additional Public Prosecutor appearing for the respondent would submit due to the non-appearance of the petitioner, Non Bailable Warrant was issued on 08.04.2023 and based on that the petitioner herein was arrested and remanded to judicial custody and hence, he strongly objected to grant bail to the petitioner.

¶5On perusal of the documents it is seen that PW.1 to PW.7 were examined and the case is pending for examination of remaining witnesses. In such circumstances, I do not find any ground to grant bail to the petitioner at this stage.

¶6Accordingly, this Criminal Original Petition is dismissed.

sd/-

05/12/2023

/ TRUE COPY /

/12/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TRP TO 1 THE SUB INSPECTOR OF POLICE VEERAVANALLUR POLICE STATION, VEERAVANALLUR, TIRUNELVELI DISTRICT. 2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT,

MADURAI. ORDER IN CRL OP(MD) No.18796 of 2023 Date :05/12/2023 SS/SKN/SAR- /07/12/2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023