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Madras High CourtCRL OP/6087/2021dismissed

Soori @ Sooriyamoorthi v. State Rep By,

2021-03-29Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Ninth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P. VELMURUGAN CRIMINAL ORIGINAL PETITION No.6087 of 2021 1 SOORI @ SOORIYAMOORTHI [ PETITIONERS / ACCUSED ] 2 MANIVANNAN @ KUTTIYAPPAN @ MOSES Vs STATE REP BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, KITCHIPALAYAM POLICE STATION, SALEM DISTRICT.

CRIME NO.1182 OF 2020 For Petitioner : M/S.M.RAKHI Advocate For Respondent : M/S.M.PRABHAVATHI, 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 Petitioners, who were arrested and remanded to judicial custody on 24.12.2020 and 31.12.2020 for the offence punishable under Sections 147, 148, 341, 302 and 427 of IPC and Section 3 of PPDL Act in Crime No.1182 of 2020, seeks bail.

2. It is the third bail application. The case of the prosecution is that due to previous enmity, all the accused persons waylaid the deceased and attacked him with dangerous weapons and committed murder.

3. The learned counsel for the petitioner would submit that co-accused in this case has already been released on bail. The petitioners are in jail for more than 90 days. Hence, he prays to grant bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners are habitual offenders and the first petitioner is having 30 previous cases. Out of 32 accused, 13 accused were detained in Goondas Act. If the petitioners are released on bail, they may commit similar offence.

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5. Considering the facts and circumstances of the case and also considering the serious nature of the offence and also the fact that number of previous cases are pending as against the petitioners, this Court is not inclined to grant bail to the petitioners .

6.

Accordingly, this Criminal Original Petition is dismissed.

-sd/- 29/03/2021 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 SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, KITCHIPALAYAM POLICE STATION, SALEM DISTRICT.

CC to M/S.M.RAKHI Advocate on payment of necessary charges CRL OP.6087/2021 Date :29/03/2021 MK:09/04/2021 https://hcservices.ecourts.gov.in/hcservices/