Sivaranjith @ Ranjithkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2020

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.8928 of 2020 Sivaranjith @ Ranjithkumar ... Petitioner Vs.

State represented by the ... Respondent Inspector of Police Perumanallur Police Station Tirupur Dt., (Crime No.322 of 2019) PRAYER: This Criminal Original Petition filed under section 439 of Cr.P.C., seeking to enlarge the petitioner on bail in Crime No.322 of 2019 on the file of the respondent police.

For Petitioner : Mr.J.Franklin For Respondent : Mr.K.Prabakar Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 22.07.2019 for the offences punishable under Sections 397 IPC @ 392 IPC r/w 397 IPC r/w 34 IPC in Crime No.322 of 2019 on the file of the respondent police, seeks bail.

2.The case of the prosecution as per the defacto complainant is that when he was riding his two wheeler along with his friend at Bypass Bridge in Perumanallur, Tirupur at that time, the accused along with other accused waylaid him and by brandishing the knife, snatched his Moto cell phone and two wheeler.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely

implicated in this case. He would further submit that this petition has been filed on the ground that the trial in this case has been over and the case is posted for judgment.

4.The learned Additional Public Prosecutor would submit that the petitioner is having 8 previous cases of robbery and theft and he is a habitual offender and that one of the case in which the petitioner is involved had been taken up for trial in SC.No.5 of 2020 before the Chief Judicial Magistrate, Tiruppur and it has been is posted for judgment after trial. Hence, he vehemently oppose for the grant of bail to the petitioner.

5.Taking into consideration the facts of the case that the petitioner is a habitual offender who has got eight previous cases pending against him, and the SC.No.5 of 2020 is posted for judgment before the Chief Judicial Magistrate, Tiruppur, this court is not inclined to grant bail to the petitioner.

6.This Criminal original Petition stands dismissed accordingly.

-sd/- 29/06/2020 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 JUDICIAL MAGISTRATE, AVINASHI.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUPPUR.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, PERUMANALLUR POLICE STATION, TIRUPPUR DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

CC to M/S J.FRANKLIN Advocate on payment of necessary charges CRL OP.8928/2020 Date :29/06/2020 MN-RVR-18/08/2020