The High Court dismissed the petitioner's petition for bail and extension of interim bail, noting his status as a habitual offender accused of murder and the gravity of the allegations. The court directed immediate surrender and remand to prison.
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.
CRL OP(MD). No.7476 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Date : 10/06/2024
PRESENT
The Hon`ble Mr.Justice G.ILANGOVAN
CRL OP(MD). No.7476 of 2024
Nanthagopal ... Petitioner/Accused No.4
Vs
The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai (Crime No.262 of 2022.) ... Respondent/Complainant
For Petitioner : Mr.M.Jegadeesh Pandian, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-
To release the petitioner / Accused No.4 on bail in P.R.C.No.14 of 2022 on the file of the Learned Judicial Magistrate No.II, Sivagangai.
ORDER : The Court made the following order :-
The petitioner/A4, who was arrested and remanded to judicial custody on
29.12.2022 for the offence under section 302 IPC altered into Sections altered into https://www.mhc.tn.gov.in/judis
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CRL OP(MD). No.7476 of 2024
147, 148, 448, 342 and 302 IPC in Crime No.262 of 2022 on the file of the respondent police seeks bail.
2.The case of the prosecution is that on 01.11.2022 at about 12.30 a.m., due to previous enmity, the petitioner along with other accused unlawfully assembled with deadly weapons, trespassed into the house of the deceased, wrongly confined the deceased and caused murder to him. Hence the case.
3.It is seen that there are totally 12 accused in this case and the petitioner is arrayed as A4. The petitioner already involved in eight previous cases, in which, 4 cases registered for the offence under Section 302 IPC. Though the respondent completed investigation and filed final report, if the petitioner is let out on bail, he will again involve in similar offences, since he is a hireling.
5.The learned counsel on either side would submit that now charge sheet has been filed before the learned Judicial Magistrate NO.II, Sivagangai, and the same was taken cognizance in P.R.C.No.14 of 2022.
6.Considering the duration of the custody of the petitioner, this Court earlier
directed the committal Court to complete the committal process, immediately and https://www.mhc.tn.gov.in/judis
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CRL OP(MD). No.7476 of 2024
also to complete the trial process within a period of six months.
7.The learned counsel for the petitioner would submit that even though the petitioner is involved in several cases a chance was given by a vacation Court to reform himself by granting interim bail on 24.05.2024. On that ground he wants the extension of interim bail.
8.But, this submission is totally irrelevant. Considering the grievous nature of the allegation and habitual nature of the petitioner, he is not entitled for any leniency at all. So he is directed to surrender immediately and if not, he must be secured immediately and remand to prison.
9.With the above said directions, this criminal original petition is dismissed.
sd/10/06/2024
/ TRUE COPY /
/06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TM
To
1.The Judicial Magistrate No.II, Sivagangai.
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CRL OP(MD). No.7476 of 2024
2.Do through the Chief Judicial Magistrate, Sivagangai District.
3.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.
4.The Superintendent, Central Prison, Madurai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER IN CRL OP(MD) No.7476 of 2024 Date :10/06/2024
ED/ JGB /SAR- (20/06/2024) 4P / 6 C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
4/4
1 issue framed by the court
Whether the petitioner, an habitual offender accused of murder, is entitled to bail or extension of interim bail.
2 provisions across 2 enactments
Nanthagopal
The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai
G. Ilangovan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
