Gopi v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Third day of April Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice V.BHAVANI SUBBAROYAN CRIMINAL ORIGINAL PETITION No.7680 of 2021 1 GOPI [ PETITIONERS / ACCUSED ] 2 MANIKANDAN 3 ARUL Vs STATE BY [ RESPONDENT ] SUB INSPECTOR OF POLICE, THIRUVANNAMALAI EAST POLICE STATION, THIRUVANNAMALAI.

IN CR.NO.127/2021.

For Petitioner : M/S. M.PRABHAKAR 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 petitioners, who were arrested and remanded to judicial custody on 27.03.2021 for the alleged offences punishable under Sections 341, 294(b), 323, 392, 397 IPC and Section 3(1) TNPPD Act of in Crime No.127 of 2021, on the file of the respondent police, seek bail.

2.The case of the prosecution is that the petitioners along with other accused waylaid the defacto complainant and demanded money and scolded him in filthy words, and on his refusal to part with money, at knife point, the accused persons robbed Rs.2,000/- from him and also snatched his cell phone and assaulted him. Hence the complaint. 3.The learned counsel appearing for the petitioners submits that the petitioners are in no way connected with the alleged offence and they have been falsely implicated in this case. Hence, he prays for granting of bail to the petitioners.

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4.The learned Additional Public Prosecutor submits that the petitioners along with other accused waylaid the defacto complainant and demanded money and scolded him in filthy words, that on his refusal, at knife point, the accused persons robbed Rs.2,000/- from him and also snatched his cell phone and assaulted him. Further he submitted that the petitioners are habitual offenders/professional enemies and the petitioners' earlier petition was dismissed by the lower Court. Hence she vehemently opposed for granting bail to the petitioners.

5.Considering the fact that the offence is grave in nature and also the further fact that the petitioners seem to be habitual offenders, this Court is not inclined to grant bail to the petitioners at this point of time.

6.Accordingly, this criminal original petition is dismissed. -sd/- 23/04/2021 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, VELLORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUB INSPECTOR OF POLICE, THIRUVANNAMALAI EAST POLICE STATION, THIRUVANNAMALAI.

CC to M/S. M.PRABHAKAR Advocate on payment of necessary charges CRL OP.7680/2021 Date :23/04/2021 cs 23/06/2021 https://hcservices.ecourts.gov.in/hcservices/