Madras High CourtCRL OP/626/2021dismissed

Arokiyaraj @ Arokiyam v. State Rep By

2021-01-25Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fifth day of January Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.626 of 2021 AROKIYARAJ @ AROKIYAM [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, M-1,MADHAVARAM PLICE STATION, MADHAVARAM ,CHENNAI.

CRIME NO.588 OF 2018 For Petitioner : M/S S.PONNIVALAVAN Advocate For Respondent : M/S. M.PRABHAVATHI, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 03.12.2020 for the alleged offences punishable under Sections 341, 294(b), 336, 427, 392, 397, 506(ii) of IPC, in Crime No.588 of 2018, seeks bail.

2. There are totally three accused in this case and the petitioner is A3. The case of the prosecution is that the petitioner and two other accused waylaid the de-facto complainant and robbed cash of Rs.5,200/-, one Titan watch, worth Rs.2,000/- and a cell phone at knife point. Hence, crime has been registered. The petitioner was arrested and remanded to judicial custody on 03.12.2020.

3. The learned counsel for the petitioner would submit that earlier, when the petitioner was arrested for the offence under Section 302 IPC and subsequently he was in jail, the present case has been registered against him. He would further submit that the petitioner is in judicial custody since 03.12.2020. Hence, he prays for grant of bail.

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4. The learned Additional Public Prosecutor would submit that the petitioner is an habitual offender and he is having five previous cases including one murder case under Section 302 IPC. Hence, she vehemently opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and also of the fact that the petitioner is an habitual offender, this Court is not inclined to grant bail to the petitioner at this stage.

6. Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 25/01/2021 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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, M-1, MADHAVARAM POLICE STATION, MADHAVARAM, CHENNAI.

CC to M/S S.PONNIVALAVAN Advocate on payment of necessary charges CRL OP.626/2021 Date :25/01/2021 cs 09/02/2021 https://hcservices.ecourts.gov.in/hcservices/