Dismissed

J.Soman @ Somasundaram v. the Inspector of Police

Madras HC15 Oct 2014CRL OP(MD)/17459/2014

Case brief

AI extract

What is this about?

The Madurai Bench dismissed a bail petition filed by an accused in an offence punishable under Section 302 IPC and SC/ST Act. The court refused bail citing the heinous nature of the offence and the fact that the petitioner was already in jail serving a life sentence for a prior conviction.

What did the court decide?

The petition for bail is dismissed. Liberty is granted to file a fresh application if the sentence for the offence of 302 IPC is suspended.

J.Soman @ Somasundaram Vs the Inspector of Police — Caste Atrocities | Madras HC (2014)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Wednesday, the Fifteenth day of October Two Thousand Fourteen

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PRESENT

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The Hon`ble Mr Justice G.CHOCKALINGAM

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CRL OP(MD) No.17459 of 2014

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J.SOMAN @ SOMASUNDARAM ... PETITIONER / ACCUSED NO.5

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THE STATE REP.BY

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THE INSPECTOR OF POLICE VIALAMPATTI POLICE STATION, DINDIGUL DIST, CR.NO.261/2002 ... RESPONDENT / COMPLAINANT

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For Petitioner : M/S. P. MUTHUPANDI Advocate

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For Respondent : MR.RAJARAJAN, Govt. Advocate ( Crl. Side)

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PETITION FOR BAIL Under Sec. 439 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioner, who is arrayed as A5 was arrested and remanded to judicial custody on 21.10.2013 for the alleged offences punishable under sections 148, 149, 324, 302 of IPC r/w 3(2)(v) of SC/ST Act, in S.C.No.281 of 2012 on the file of the Principal District and Sessions Court, Dindigul and hence, seeks bail.

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2.The learned counsel for the petitioner submitted that the petitioner was convicted in the year 2007 in the Sessions Case No.631 of 2001 on the file of the Additional Sessions Judge, Madurai and he has been serving life sentence in jail, but when the case was called before the Principal Sessions Court, Dindigul, the petitioner was not produced by the respondent under P.T. Warrant. Hence, the learned Sessions Judge issued a Non-Bailable Warrant on 02.08.2013 and subsequently, he was shown arrested under the pretext of executing the Non-Bailable Warrant.

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3.The learned counsel for the petitioner further submitted that it is the duty of the respondent to produce the petitioner in this case, but they have deliberately failed to do so, which resulted into issuance of Non-Bailable Warrant.

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4.The learned Government Advocate (Criminal side) submitted that the petitioner is having 7 previous cases to his credit for the offences under sections 302, 395 and 397 of IPC.

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5.In this case, the petitioner is already in jail for the commission of offence under section 302 of IPC and now, he is in Central Prison, Coimbatore, since 21.10.2013 and in the meantime, he filed this petition for bail. Since, the petitioner has committed heinous offence of 302 IPC and undergoing imprisonment, this court is not inclined to grant bail to https://hcservices.ecourts.gov.in/hcservices/ the petitioner.

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6.Hence, the petition is dismissed. However, liberty is given to the petitioner to file a fresh application, if he gets suspension of sentence for the offence 302 of IPC in the appropriate forum.

sd/-

15/10/2014

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

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Madurai Bench of Madras High Court, Madurai - 625 023.

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1.THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DINDIGUL.

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2.THE ADDITIONAL PUBLIC PROSECUTOR,

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MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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3.THE SUPERINTENDENT CENTRAL PRISON, COIMBATORE.

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4.THE INSPECTOR OF POLICE

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VIALAMPATTI POLICE STATION, DINDIGUL DIST.

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rg.27.10.2014 2p/5c.

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https://hcservices.ecourts.gov.in/hcservices/

J.Soman @ Somasundaram v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

J.Soman @ Somasundaram v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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