G.Rajesh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Third day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.2383 of 2022 G.RAJESH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, T-11, THIRUNINDRAVUR POLICE STATION, CHENNAI-602024.

CR.NO.1235 OF 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 case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 04.12.2021 for the offences under Sections 341, 323, 397, 506(ii) of IPC in Crime 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 who is running auto in Thirunindravur locality, threatened him and robbed a sum of Rs.3,200/-. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that this is the third application for bail and the co-accused/A1, A3 and A5 have been released on bail and that the petitioner has been suffering incarceration for more than 2 months from 04.12.2021. Hence, he pray for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that there are totally 5 accused in this case and the petitioner is arrayed as A2 and he is a history sheeter and got one previous case for the offence under Section 302 IPC and that there is no change in circumstances.

5. On seeing the nature of offence and the antecedent of the petitioner and that there is no change in circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 03/02/2022 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

CC to M/S.V.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.2383/2022 Date :03/02/2022 TA-14/02/2022 https://hcservices.ecourts.gov.in/hcservices/