D.Arumugam v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.07.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11383 of 2020 D.Arumugam ... Petitioner Vs.

The State Represented by The Inspector of Police M-5, Ennore Police Station Chennai (Crime No.2345 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.2345 of 2020 pending investigation on the file of the Respondent Police.

For Petitioner : Mr.R.Dinesh Kumar 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 27.06.2020 for the offence punishable under Sections 341, 294(b), 323, 307, 506(II) IPC, in Crime No.2345 of 2020, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused persons way laid the defacto complainant, abused him in filthy language and assaulted with knife and also threatened him with dire consequences.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the co-accused in this case has been granted bail by this Court.

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4.The learned Government Advocate (Crl. Side) would submit that the defacto complainant got injured in the left hand and head and admitted in Government Stanely Hospital and discharged only after 7 days. He would further submit that the petitioner is having 4 previous cases including one murder case wherein he was convicted and life time imprisonment was ordered. He has been released from the prison after 8 years. He would further submit that the petitioner is also having one NDPS case and another two property cases pending against him. Investigation is pending. He would further submit that this is the second bail application and there is no change of circumstances.

5.Taking into the consideration of the facts and the submissions made by the learned Government Advocate (Crl. Side) and also the fact that the petitioner has been arrested only on 25.06.2020, this Court is not inclined to grant bail to the petitioner. 6.This Criminal Original Petition stands dismissed for the present accordingly.

-sd/- 30/07/2020 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 OFFICER INCHARGE SUB-JAIL, THIRUVALLUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, M-5, ENNORE POLICE STATION, CHENNAI.

CC to M/S. R.DINESHKUMAR Advocate on payment of necessary charges CRL OP.11383/2020 Date :30/07/2020 cs 03/09/2020 https://hcservices.ecourts.gov.in/hcservices/