In a criminal original petition for bail, the Madras High Court declined to grant relief to a petitioner with ten pending prior cases. No change of circumstances was found, so the petition was dismissed.
Bail application dismissed; trial court directed to complete trial expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Wednesday, the Seventeenth day of November Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice M.DHANDAPANI
CRIMINAL ORIGINAL PETITION No.21533 of 2021
RAJENDRAN
[ PETITIONER / ACCUSED ]
Vs
STATE REP BY THE INSPECTOR OF POLICE, KUMARAPALAYAM POLICE STATION, NAMAKKAL DISTRICT (CRIME NO.632/2008)
[ RESPONDENT ]
For Petitioner : M/S. N.ANAND Advocate
For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side)
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner, who was arrested on 04.07.2020 and remanded to judicial custody for the alleged offences punishable under Sections 2397 of IPC, in Crime No.632 of 2008, on the file of the respondent police, seeks bail.
4.The learned Government Advocate (Crl.Side) submitted that this is third bail application of the petitioner and there are ten previous cases against him. Hence, he vehemently opposed for grant of bail to the petitioner.
5.Considering the facts and circumstances of the case and also the fact that there are ten previous cases pending as against the petitioner and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Further, the trial Court is directed to complete the trial as expeditiously as possible.
6.Accordingly, this Criminal Original Petition is dismissed.
-sd/-
17/11/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.)
High Court, Madras - 600 104.
TO
1 THE INSPECTOR OF POLICE, KUMARAPALAYAM POLICE STATION, NAMAKKAL DISTRICT
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM
CC to M/S. N.ANAND Advocate on payment of necessary charges
CRL OP.21533/2021
Date :17/11/2021
APN 25/11/2021
2 issues framed by the court
Whether bail should be granted to a petitioner with ten previous pending cases under Section 439 Cr.P.C.
Whether the petitioner has established exceptional circumstances to override the presumption of suitable bail.
3 provisions across 3 enactments
Rajendran
State Rep by the Inspector of Police
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M. Dhandapani
