Madras High CourtCRL OP/941/2022dismissed

G.Rajesh v. The State Rep By

2022-01-12Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twelfth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.941 of 2022 G.RAJESH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, T-11, THIRUNINDRAVUR POLICE STATION, CHENNAI-602024.

CRIME.NO.1235/2021.

For Petitioner : M/S.V.JAYACHANDRAN 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 and remanded to judicial custory on 04.12.2021 for the offences under Sections 341, 323, 397, 506(ii) of IPC in Cr.No.1235 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused wrongfully restrained the defacto complainant and threatened and robbed a sum of Rs.3,200/- from him. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that accused/A1, A3 and A5 have already released on bail and that the petitioner has been suffering incarceration from 04.12.2021. Hence, he prays for grant of bail.

4.The learned Government Advocate (Crl.Side) would raise strong objection stating that the petitioner is arrayed as A2 and he is a history sheeter in H.S.No.06 of 2020 and that he has got two previous cases among which one is of 302 IPC. Hence, if he is released on bail, he would again involve in the same type of offence. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the submissions made by the learned Government Advocate that the petitioner is a history sheeter and involved in a case for the offence under Section 302 IPC and if he is released on bail, he would again involve in same nature of offence. Hence, this court is not inclined to grant bail to the petitioner. Accordingly, the petition seeking bail is dismissed.

-sd/- 12/01/2022 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, T-11, THIRUNINDRAVUR POLICE STATION, CHENNAI-602024.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+1 CC to M/S.V.JAYACHANDRAN Advocate on payment of necessary charges SR.NO.611 CRL OP.941/2022 Date :12/01/2022 INBA~24/01/2022 https://hcservices.ecourts.gov.in/hcservices/