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Madras High CourtCRL OP/10141/2021dismissed

Nagaraj@Musul Nagaraj v. The State Represented By

2021-06-10Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10141 of 2021 Nagaraj @ Musul Nagaraj ... Petitioner/Accused - 1 Vs.

The State represented by, The Sub-Inspector of Police, Vellore North Crime Police Station, Vellore District.

(Crime No.119 of 2021) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 439 Cr.P.C. praying to enlarge the petitioner on bail in Crime No.119 of 2021, on the file of the respondent police. For Petitioner : Mr.M.R.Thangavel For Respondent : Mr.E.Raj Thilak Government Advocate (Crl.Side)

ORDER

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 15.04.2021 for the offence punishable under Sections 294 (b), 341, 392, 397, 506 (ii) of I.P.C, in Crime No.119 of 2021, seeks bail.

2.The case of the prosecution is that the petitioner along with the other accused has threatened the defacto complainant and has robbed a sum of Rs.2,500/-. The accused persons also threatened that his life will be evaded when it is disclosed to others. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is not involved in the above alleged offence and he is no way connected with the offence as alleged by the prosecution and he did not commit any offence. Further, he submits that the petitioner is in judicial custody from 15.04.2021 and hence, he seeks for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is a habitual offender and he has involved in eight previous cases, in which two cases registered for the offence under Section 302 of IPC, which are pending trial. He would further submit that the investigation in the present case is pending. Hence, he vehemently opposed to grant bail to the petitioner. 5.It is seen that the petitioner is a habitual offender and has eight previous cases, in which two cases registered for the offence under Section 302 of IPC. At this stage, if the petitioner is released on bail in the present case, he will abscond and stall the entire trial proceedings. Therefore, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 10/06/2021 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.

DUA/LOK TO 1.THE PRINCIPAL SESSIONS JUDGE, VELLORE.

2.THE JUDICIAL MAGISTRATE NO.IV, VELLORE.

3.THE SUB-INSPECTOR OF POLICE, VELLORE NORTH CRIME POLICE STATION, VELLORE DISTRICT.

4.THE SUPERINTENDENT, VELLORE CENTRAL PRISON, THORAPADI.

5.THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.M.R.THANGAVEL Advocate on payment of necessary charges CRL OP.10141/2021 Date :10/06/2021 SRG 28/06/2021