Madras High CourtCRL OP/12189/2022dismissed

Honest @ Honestraj v. State Rep By

2022-06-15Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fifteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.12189 of 2022 IN S.C.No.15 of 2020 (On the file of the III Additional Session Judge, Puducherry) HONEST @ HONESTRAJ [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] STATION HOUSE OFFICER(SHO), D NAGAR POLICE STATION, PUDUCHERRY.

CRIME NO.323 OF 2020 For Petitioner : NO APPEARANCE For Respondent : MR.V.BALAMURUGANE, Public Prosecutor for Puducherry PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 10.12.2020 for the offences punishable under Sections 302, 120(B), r/w Section 34 of IPC, in S.C.No.15 of 2020 on the file of the III Additional Sessions Judge, Puducherry, seeks bail. 2.This is the third bail application was filed before this Court. The case of the prosecution is that on 03.11.2020, the petitioner along with other accused persons, due to previous enmity assaulted the defacto complainant's son using deadly weapon and murdered him. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration from 10.12.2020 and the charge sheet has also been filed and the same has been taken on https://hcservices.ecourts.gov.in/hcservices/

file in S.C.No.15 of 2020 on the file of the III Additional Sessions Judge, Puducherry. . Hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that earlier applications were dismissed by this Court in Crl.O.P,No.22725 of 2021 and Crl.O.P.No.877 of 2022 and there is no change of circumstances. Hence, he vehemently opposed for grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the petitioner is involved in a very serious offence and earlier bail applications were dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 15/06/2022 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 III ADDITIONAL SESSION JUDGE, PUDUCHERRY 2 THE STATION HOUSE OFFICER(SHO), D NAGAR POLICE STATION, PUDUCHERY.

3 THE SUPERINTENDENT, CENTRAL PRISON, KALAPET 4 THE PUBLIC PROSECUTOR PUDUCHERRY CC to M/S.PRAKASHADIAPADAM Advocate on payment of necessary charges CRL OP.12189/2022 Date :15/06/2022 JPA 28/06/2022 https://hcservices.ecourts.gov.in/hcservices/