M.Dhanush v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION Nos.7917 & 7918 of 2022 M.DHANUSH [ PETITIONER / ACCUSED IN BOTH PETITIONS ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, IN BOTH PETITIONS ] KANCHI TALUK POLICE STATION, KANCHIPURAM DISTRICT, CRIME NOS.119 OF 2022 & 1597 OF 2021.

For Petitioner : M/S.DALIT TIGER C.PONNUSAMY Advocate [IN BOTH PETITIONS] For Respondent : M/S.G.V.KASTHURI, Additional public Prosecutor [IN BOTH PETITIONS] PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner herein was arrested on 10.01.2022 for alleged offences of robbery and house breaking. The investigation has disclosed that this petitioner is involved in two cases one in Crime No.119 of 2021 of the file of the B-3, Kanchi Taluk Police Station and in Crime No.1597 of 2021 on the file of the same Police Station. After arrest, the stolen property was also recovered from the petitioner. The respondent police has completed the investigation and has filed the final report which has been taken on file by the learned District and Sessions Judge Court No.II, Kanchipuram.

2. The learned Counsel appearing for the petitioner would state that earlier bail petition was dismissed as withdrawn on 24.03.2022. However due to change of circumstances Viz. on completion of investigation and filing of final report, the petitioner may be granted bail.

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3. The learned Additional Public Prosecutor opposed granting bail to the petitioner on the ground that this petitioner is facing ten cases of similar nature, out of which, in six cases final report has already filed. This petitioner while enjoying liberty by virtue of bail granted to him, has been engaged in similar offence and therefore if the petitioner is now released on bail again, he will be repeating the offence and also possibility of absconding is not ruled out.

4. Taking note of the fact about the antecedents of this petitioner and the stolen property has been recovered from the possession of the petitioner, this Court is not inclined to grant bail to this petitioner.

5. Hence the criminal original petitions are dismissed. Since the petitioner is in confinement, the Court below may take up the trial out of turn and give priority to this case and complete the trial as early as possible.

-sd/- 05/04/2022 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, KANCHI TALUK POLICE STATION, KANCHIPURAM DISTRICT, 2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.DALIT TIGER C.PONNUSAMY Advocate on payment of necessary charges SR.NO.5239 CRL OP.7917/2022 Date :05/04/2022 JPA 12/04/2022 https://hcservices.ecourts.gov.in/hcservices/