Madras High CourtCRL OP/9558/2021dismissed

Arvind@Aravindha Kumar v. State Rep By

2021-05-26Honourable Mr Justice Sathi Kumar Sukumara Kurup2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.05.2021

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.No.9558 of 2021 Aravind @ Aravindha Kumar ... Petitioner Vs.

State rep. by The Inspector of Police, Walajepet Police Station, Chennai.

(Crime No.72 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.72 of 2021 on the file of the respondent police. For Petitioner : Mr.B.M.Sanharam For Respondent : Mr.A.Gopinath, Government Advocate (Crl. Side) *****

ORDER

(Through video conference) The petitioner, who was arrested and remanded to judicial custody on 22.03.2021 for the offence punishable under Sections 454, 380 IPC, in Crime No.72 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner had broke open the defacto complainant's house with iron rod and stolen the gold jewels worth about Rs.1,20,000/-. Hence the case. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the alleged offence and he has been falsely implicated in this case and that the petitioner has been in jail from 22.03.2021. Therefore, he prays to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) appearing for the respondent would vehemently oppose to grant bail to the petitioner stating that the petitioner is a habitual offender having 21 previous cases pending against him and would submit that all the cases are similar in nature. He would further submit that in this case investigation has been completed and charge sheet has been filed in C.C.No.14 of 2021 before the learned Judicial Magistrate -II, Chennai.

5.Taking into consideration, the submission made by the learned Government Advocate (Crl.Side) and that the petitioner having 21 previous cases in his credit and also charge sheet has also been laid down in this case, this Court feels that it is not a fit case to grant bail to the petitioner.

6.This Criminal Original Petition stands dismissed accordingly.

-sd/- 26/05/2021 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 THE JUDICIAL MAGISTRATE NO.II, CHENNAI.

THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

3 THE INSPECTOR OF POLICE, WALAJAPET POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.B.M.SANTHARAM Advocate on payment of necessary charges CRL OP.9558/2021 Date :26/05/2021 MK:21/06/2021 https://hcservices.ecourts.gov.in/hcservices/