Madras High CourtCRL OP/1286/2021dismissed

Thangaraj v. State Bt

2021-02-01Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.02.2021 CORAM :

THE HON'BLE MR. JUSTICE P. VELMURUGAN Crl.O.P.No.1286 of 2021 Thangaraj ... Petitioner Vs.

The State Rep. by ... Respondent The Inspector of Police, Bargur Police Station Krishnagiri District.

(Crime No.942 of 2020) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.942 of 2020 pending investigation on the file of the Respondent. For Petitioner : No appearance For Respondent : Mrs.M.Prabhavathi, Addl. Public Prosecutor

ORDER

The respondent has registered the criminal case against the petitioner for an alleged offence under Sections 392 of I.P.C. in Crime No.942 of 2020. The petitioner was arrested and remanded to judicial custody on 01.12.2020. The petitioner is arrayed as sole accused. Accordingly, he has filed this petition seeking to grant bail.

2. There is no representation by learned counsel appearing for petitioner.

3. The learned Additional Public Prosecutor appearing for the respondent would submit that the respondent police has registered the criminal case against the petitioner, and he is arrayed as sole accused. He would submit that the petitioner is an habitual offender. Therefore, the investigation and the charge sheet has not been filed, and the learned Judicial Magistrate No.I, Krishnagiri has dismissed the petition stating that the petitioner is an habitual offender and if he is released on bail, he will be absconding and the investigation could not be completed. He would further submit that the petitioner is also involved in another criminal case in Crime No.545 of 2020 and the bail application of the said case was also coming up today for hearing. Therefore, he https://hcservices.ecourts.gov.in/hcservices/

has raised serious objection to grant bail to the petitioner.

4. Taking into consideration of the fact that the petitioner is an habitual offender, the investigation is still pending and the charge sheet has also not been filed, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original petition is dismissed.

-sd/- 01/02/2021 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 JUDICIAL MAGISTRATE NO.I, KRISHNAGIRI 2 THE CHIEF JUDICIAL MAGISTRATE, KRISHNAGIRI [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, BARGUR POLICE STATION, KRISHNAGIRI DISTRICT.

5 THE OFFICER INCHARGE, SUB JAIL, HOSUR.

CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.1286/2021 Date :01/02/2021 MN-05/02/2021 https://hcservices.ecourts.gov.in/hcservices/