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Madras High CourtCRL OP/7605/2020dismissed

S.Ragul v. State Represented By

2020-05-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.05.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7605 of 2020 S.Ragul ... Petitioner Vs.

State Represented by The Inspector of Police S-11, Tambaram Police Station, Tambaram Police Station, Chennai (Crime.No: 113 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail pending investigation in Crime No.113 of 2020 on the file of the respondent police. For Petitioner : Mr.P.K.Ganesh For Respondent : Mr.Mohammed Riyaz, Additional Public Prosecutor.

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 10.03.2020 for the offence punishable under Sections 341, 294(b), 336, 427, 397, 506(ii) of IPCin Crime No.113 of 2020 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that when the defacto complainant was selling fruits in his push cart on 10.03.2020, the petitioner and his associates have way laid the defacto complainant and threatened him and robbed Rs.500/- at knife point. Hence, this complaint.

3.The learned counsel appearing for the petitioner would submit that it is completely a false complaint foisted against the petitioner only for statistical purposes. He would further submit that the petitioner is in judicial custody from 10.03.2020 and hence, he seeks for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Additional Public Prosecutor would submit that the petitioner is a habitual offender and he has very bad antecedents and so far he has involved in five cases, similar in nature. Hence, he vehemently opposed for grant of bail to the petitioner.

5.It is seen that the petitioner is arrayed as first accused in this crime. He along with another accused person waylaid the defacto complainant and robbed a sum of Rs.500/- from him. It is also submitted that he has very bad antecedents and five previous cases, similar in nature are pending against him. As such, if the petitioner is let out on bail, that too in these COVID 19 pandemic circumstances, he would indulge in the same kind of offence. Therefore, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 15/05/2020 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 PRINCIPAL SESSIONS JUDGE, KANCHEEPURAM DISTRICT AT CHENGAPATTU.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL-II.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, S-11, TAMBARAM POLICE STATION, CHENNAI.

CC to M/S.P.K.GANESH Advocate on payment of necessary charges CRL OP.7605/2020 Date :15/05/2020 MK:30/06/2020 https://hcservices.ecourts.gov.in/hcservices/