Madras High CourtCRL OP/10543/2020dismissed

G.Vijay v. State Rep By

2020-07-16Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2020

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10543 of 2020 G.Vijay ... Petitioner Vs.

State represented by The Inspector of Police, Sooramangalam Police Station, Salem District.

(Cr. No.986 of 2020) ... Respondent PRAYER: This Criminal Original Petition filed under section 439 of Cr.P.C., seeking to enlarge the petitioner on bail in Crime No.986 of 2020 on the file of the respondent Police.

For Petitioner : Mr.R.Nalliyappan 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 19.06.2020 for the offences punishable under Sections 395, 397 and 506(ii) of IPC in Crime No.986 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution as per the defacto complainant is that on 17.06.2020, at about 9.00 p.m., near Annamalai Thirumana Mandapam at Reddipattu, Salem, the petitioner assaulted the defacto complainant with knife and taken i-phone from him. Further, due to the attack caused by the accused, the victim lost his two teeth. Hence, the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He would submit that this case has been foisted to detain the petitioner under Act 14 of 1982. Hence, he seeks for grant of bail to the petitioner.

4. The learned Government Advocate would submit that the petitioner was arrested on 17.06.2020. He would further submit that the petitioner assaulted the defacto complainant with knife and taken away his i-phone and due to the attack, the victim has lost two teeth and that the investigation is at the initial stage. https://hcservices.ecourts.gov.in/hcservices/

5. Taking into consideration the nature of offence and the injury sustained by the victim, this Court is not inclined to grant bail to petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. However, liberty is granted to the petitioner to renew the petition after sometime.

-sd/- 16/07/2020 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, NO.II, SALEM 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, SOORAMANGALAM POLICE STATION, SALEM DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON,SALEM.

CC to M/S. R.NALLIYAPPAN Advocate on payment of necessary charges CRL OP.10543/2020 Date :16/07/2020 RVR 04/09/2020 https://hcservices.ecourts.gov.in/hcservices/