Dharmakumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.08.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9720 of 2020 Dharmakumar S/o.Vellakutti ... Petitioner Vs.

State rep. by The Inspector of Police Kamanaikenpalayam Police Station Tiruppur (Crime No.194 of 2019) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.194 of 2019 in S.C.No.114 of 2019 pending on the file of the learned Chief Judicial Magistrate, Tiruppur.

For Petitioner : Mr.R.Amardeep For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 03.03.2020 for the offence punishable under Section 397, 450, 392 r/w 34 IPC, in Crime No.194 of 2019, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused trespassed into the defacto complainant's house and threatened the defacto complainant with dire consequences and on showing knife, he snatched 6 1⁄2 sovereigns of gold chain from the defacto complainant's family. The petitioner was granted bail on 04.12.2019 in Crl.O.P.No.31102 of 2019 by this Court, the petitioner was not produced before the Court, hence, NBW was issued against him. 3.The learned Government Advocate (Criminal Side) would submit that the petitioner was remanded to judicial custody on PT warrant on 03.03.2020. The accused belongs to Srilanka and has no permanent address in Tiruppur District. He is a habitual offender and he has also involved in five other cases. Hence he vehemently opposes for the grant of bail to the petitioner.

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4.In the light of the above submissions so made by the learned Government Advocate (Crl. Side), and also considering the fact that the petitioner is a habitual offender, this Court is not inclined to grant bail to the petitioner.

5.Accordingly, this Criminal Original Petition stands dismissed. -sd/- 04/08/2020 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 CHIEF JUDICIAL MAGISTRATE TIRUPPUR 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE KAMANAIKENPALAYAM POLICE STATION, TIRUPPUR 4 THE SUPERINTENDENT CENTRAL PRISON, PUZHAL,CHENNAI CC to R.AMARDEEP Advocate on payment of necessary charges CRL OP.9720/2020 Date :04/08/2020 RD 01/09/2020 https://hcservices.ecourts.gov.in/hcservices/