Rajapandiyan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.2092 of 2021

1. Rajapandiyan

2. Santhosh @ Arul

3. Arunkumar ... Petitioners Vs.

State rep. by Inspector of Police, Thandarampattu Police Station, Thiruvannamalai District.

(Crime No.2794 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.2794 of 2020 on the file of respondent police. For Petitioner : Mr.V.Thiyagarajan For Respondent : Mrs.M.Prabhavathi, Addl. Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners, who were arrested and remanded to judicial custody on 26.12.2020 for the offence punishable under Sections 460, 395, 397 of I.P.C., in Crime No.2794 of 2020, seeks bail.

2. Totally, there are seven accused and the petitioners are arrayed as A4, A6 and A7. The case of the prosecution is that all the accused have broke open the door of defacto complainant, attacked him and also stolen gold jewels and cash. Hence, a criminal case has been registered against the petitioners. Accordingly, the petitioners were arrested and remanded to judicial custody on 26.12.2020 and now, seeking bail, the present petition has been filed.

3. The learned counsel appearing for petitioners would submit that the petitioners have not involved in the offence as alleged in the complaint and they have been falsely implicated in this case. He would submit that they are in judicial custody for more than two months. Hence, he prayed to grant bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for respondent would oppose the petition on the ground that all the petitioners are notorious rowdies and they are involved in decoity. She would submit that the 1st petitioner was involved one previous case, the 2nd petitioner was involved in four previous cases and the 3rd petitioner was involved in seven previous cases. She would also submit that some of the accused also detained under the Goondas Act. Hence, she opposed to grant bail to the petitioners.

4. Taking into consideration of the seriousness of offence and also considering the antecedents of the petitioners, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 22/02/2021 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, THANDARAMPATTU, THIRUVANNAMALAI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON AT VELLORE 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, THANDARAMPATTU POLICE STATION, TIRUVANNAMALAI DSITRICT.

CC to M/S.V.THIYAGARAJAN Advocate on payment of necessary charges CRL OP.2092/2021 Date :22/02/2021 cs 08/03/2021