Madras High CourtCRL OP/10704/2020dismissed

Vimal v. The State Represented By

2020-07-17Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 10704 of 2020 1.Vimal ... Petitioners/A1 to A3 2.Selvam @ Nila 3.Babu Vs.

The State represented by, ... Respondent/Complainant The Inspector of Police, Sunguvarchathiram Police Station, Kancheepuram District.

(Crime No. 561 of 2020) Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioners on bail in Crime No. 561 of 2020, pending investigation on the file of the respondent police. For Petitioners : Mr.G.Balamanikandan For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 20.05.2020 for the offences punishable under Sections 342, 307, 392 read with Section 397 & 394 of IPC in Crime No. 561 of 2020 on the file of the respondent police, seek bail. The case of the prosecution is that two unknown persons have attacked on the defacto complainant by using knife and committed robbery.

The learned counsel appearing for the petitioners would submit that this is the second bail application for the petitioners and earlier bail application was dismissed on 26.06.2020. He would submit that petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays to grant bail to the petitioners.

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The learned Government Advocate appearing for the respondent would submit that the victim is very seriously injured and he is totally immobilized due to which, the respondent police are unable to conduct enquiry identification parade. He would further submit that the petitioners have two previous cases against them and submitted that there is no change of circumstances. Hence, he opposed to grant bail to the petitioners.

Taking into consideration the facts and submissions made by the learned counsels and the considering the fact that the victim is seriously injured and immobilized and that investigation is pending this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition is dismissed. -sd/- 17/07/2020 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, SRIPERUMBUDUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, SUNGUVARCHATHIRAM POLICE STATION, KANCHEEPURAM DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

CC to M/S. G.BALAMANIKANDAN Advocate on payment of necessary charges CRL OP.10704/2020 Date :17/07/2020 TA-25/08/2020 https://hcservices.ecourts.gov.in/hcservices/