R.Vijayan@Needur Vijayan v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Fourteenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2814 of 2022 R.VIJAYAN @ NEEDUR VIJAYAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS [ RESPONDENT ] INSPECTOR OF POLICE, BOMMIDI POLICE STATION, DHARMAPURI DISTRICT.
CR.NO.69/2021.
For Petitioner : M/S.M.SENTHAMIZH SELVAN Advocate For Respondent : M/s.G.V.Kasthuri(Additional Public Prosecutor) PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 17.01.2022 for the offences under Sections 395 read with 397 of I.P.C., in Cr.No.69 of 2021, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on 18.03.2021 at around 3.00 a.m., two unknown persons wearing mask entered into the petitioner's house and attacked the petitioner and his wife and took cash, jewels and documents. The neighbours admitted the petitioner in the Government Hospital and respondent police arrested the petitioner on 17.01.2022 after enquiry with the petitioner. Hence, the complaint.
3. Heard both sides.
4.Though the learned counsel appearing for the petitioner would submit that the petitioner is in judicial custody from 17.01.2022 onwards, it is the submission made by the learned Additional Public Prosecutor appearing for the respondent police that the petitioner herein is having the following previous cases;
S.No Police Station Crime No.
Sections Stage 1.
Bommidi P.S.
397 @ 395 r/w 397 of I.P.C.
UI 2.
Thalaivassal P.S. 218 of 2019 342, 394, 448 @ 120(b), 344, 395, 397, 448 of I.P.C.
NTF
3. Vaitheeswaran Koil P.S.
392 of I.P.C. Disposed 4.
Velankanni P.S.
394 of I.P.C. Disposed 5.
Thalaivassal P.S.
395 and 397 of I.P.C.
NTF 6.
Thalaivassal P.S.
365 @ 109, 34, 341, 343 of I.P.C.
NTF 7.
Kabisthalam P.S.
379 of I.P.C. Disposed 8.
Thanjavur Town South P.S.
299 A of I.P.C.
UI 9.
Thanjavur Town South P.S.
294(b), 341, 392, 506(ii) IPC, 3(1) TNPPDL Act Disposed 10.
Thanjavur Town South P.S.
120(B), 147, 148, 201, 302, 341, 506 (ii) of I.P.C. @ 109, 120(B), 147, 148, 201, 302, 341 and 506 (ii) of I.P.C.
PT 11.
Kazhugumalai P.S.
379 of I.P.C Accused Not Arrested Now, considering the number of cases pending against the petitioner as well as for the reason that the petitioner regularly committed property offence, this Court is not inclined to grant bail to the petitioner.
5. Accordingly, this criminal original petition is dismissed. -sd/- 14/02/2022 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 INSPECTOR OF POLICE, BOMMIDI POLICE STATION, DHARMAPURI DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.M.SENTHAMIZH SELVAN Advocate on payment of necessary charges CRL OP.2814/2022 Date :14/02/2022 RVR 18/02/2022