Stephenraj v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 10803 & 10809 of 2020 Stephenraj ... Petitioner/9th Accused in both petitioners Vs.

The Inspector of Police, E-3, Saravanampatti Police Station, Coimbatore.

(Crime Nos. 1261 of 2020) ... Respondent/Complainant in Crl.O.P.No.10803/2020 The Inspector of Police, E-3, Saravanampatti Police Station, Coimbatore.

(Crime Nos. 1586 of 2020) ... Respondent/Complainant in Crl.O.P.No.10809/2020 Common Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to grant bail to the petitioner in connection with Crime Nos.1261 & 1586 of 2020, on the file of the respondent police. For Petitioner in both petitions : Mr.K.Balaganesh For Respondent in both petitions : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side) C O M M O N O R D E R (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 20.06.2020 for the offences punishable under Section 75(1)(c) TNCP Act, Sections 147, 148, 323, 397 and 506(ii) of IPC in Crime No.1261 of 2020 on the file of the respondent police, seeks bail. The case of the prosecution is that while the defacto complainant was playing cards by betting Rs.3.

50 Lakhs along with his friends near Munisvaran Temple, the petitioner along with other accused have threatened the defacto complainant and his friends and robbed an amount of Rs.3.50 Lakhs. Based on the complainant given by the defacto complainant a case was registered in Crime No.1261 of 2020.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (criminal.side) appearing for the respondent would submit that the petitioner is a member of gang of notorious persons and that they are having modus operandi to commit robbery from the persons playing cards and that there is also another case registered by same respondent in Crime No.1586 of 2020, on 19.06.2020 for the offences punishable under Section 75(1)(c) TNCP Act and Sections 147, 148, 387 and 506(ii) of IPC, where they have robbed an amount of Rs.40,000/- from one Rajesh. He would submit that the main accused persons are absconding and that the investigation is pending and if the bail is granted to the petitioner, it will effect the progress of investigation. He would further submit that there are also several other cases pending against the co-accused. Hence, he opposed to grant bail to the petitioner.

Taking into consideration the facts and submissions made by the learned counsel, this Court is not inclined grant bail to the petitioner. Hence, these Criminal Original Petitions are dismissed. -sd/- 20/07/2020 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, COIMBATORE.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, E-3 SARAVANAMPATTI POLICE STATION, COIMBATORE DISTRICT +2 CC to M/S.K.BALAGANESH Advocate on payment of necessary charges SR.Nos.5749 & 5748 CRL Ops.10803 & 10809/2020 Date :20/07/2020 cs 24/07/2020