Madras High CourtCRL OP/7608/2020dismissed

Pavan Kumar v. State Rep 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.7608 of 2020 Pavan Kumar ... Petitioner Vs.

State rep. by Inspector of Police, Sriperumbudur Police Station, Kancheepuram District (Crime.No.417/2020) ... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail pending investigation in Crime No.417 of 2020 on the file of the respondent police. For Petitioner : Mr.L.Ramu For Respondent : Mr.Mohammed Riyaz, Additional Public Prosecutor

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 15.04.2020 for the offence punishable under Sections 341, 294(b), 324, 394, 307 and 506(ii) of IPC in Crime No.417 of 2020 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 12.04.2020 at about 6 p.m., the victims along with their friends were on their way to use the public bath room in their locality, at that time five persons came there in their bikes and threatened them to give their belongings. When they refused to give, all the accused attacked them and snatched their belongings and fled away. Hence, this complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is under judicial custody from 15.04.2020 and hence he seeks bail to the petitioner. 4.The learned Additional Public Prosecutor would submit that there are totally four accused persons and the petitioner is arrayed as fourth accused in this case. All the petitioners have https://hcservices.ecourts.gov.in/hcservices/

indulged in very serious offence and also attacked the defacto complainant and his friends due to which the intestine of the defacto complainant came out. It is further submitted that the bail application of the co-accused was dismissed by this Court in Crl.O.P.Nos.7518 and 7532 of 2020. He further submitted that after treatment, the victim was discharged from the hospital. Hence, he vehemently opposed for grant of bail to the petitioner.

5. It is seen that the petitioner along with three other accused persons have robbed and also attacked the defacto complainant, due to which the defacto complainant sustained very grievous injuries and infact, his intestine came out. Though he was discharged from hospital, the petitioner has committed very serious offence and he was arrested only on 15.04.2020. 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 DISTRICT AND SESSIONS JUDGE, DISTRICT COURT NO.2, KANCHEEPURAM AT CHENGALPATTU.

2 THE SUPERINTENDENT, SUB-JAIL, MADHURANTHAGAM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, SRIPERUMBUDHUR POLICE STATION, KANCHEEPURAM DISTRICT.

CC to M/S L.RAMU Advocate on payment of necessary charges CRL OP.7608/2020 Date :15/05/2020 MK:30/06/2020 https://hcservices.ecourts.gov.in/hcservices/