A. Deva v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.1780 of 2022 A.DEVA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE VISHNU KANCHI POLICE STATION KANCHEEPURAM.

(CRIME NO.1814/2021) For Petitioner : M/S.M.GURUPRASAD Advocate For Respondent : MR.A.GOKULAKRISHNAN Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 16.12.2021 for the offences under Sections 294(b), 324, 427, 392, 397, 307 and 506(ii) of IPC, in Crime No.1814 of 2021, on the file of the respondent police seeks bail.

2. The case of the prosecution is that the defacto complainant is running a Tiffin shop. On 16.12.2021, the petitioner along with other accused went to the defacto complainant's shop and demanded mamool and when the same was refused, they damaged the articles in the shop worth about Rs.1,800/- and assaulted the defacto complainant and robbed a sum of Rs.1,800/- from him. Hence, the complaint.

3. The learned counsel 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 and that the petitioner has been suffering incarceration for more than 40 days from 16.12.2021. Hence, he would pray for grant of bail to the petitioner.

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4.The learned Additional Public Prosecutor would raise strong objection stating that there are totally two accused in this case and the petitioner is arrayed as A2 and that he has got 6 previous cases including a case for offence under NDPS Act.

5.On seeing the nature of allegation levelled against the petitioner and his antecedents and that there is every possibility of the petitioner getting abscond and tampering the evidence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 27/01/2022 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 VISHNU KANCHI POLICE STATION KANCHEEPURAM.

2 THE OFFICER INCHARGE SUB JAIL, CHENGALPATTU.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M.GURUPRASAD Advocate on payment of necessary charges SR.No.1284 CRL OP.1780/2022 Date :27/01/2022 CSK 04/02/2022 https://hcservices.ecourts.gov.in/hcservices/