← Library
Madras High CourtCRL OP/10161/2021dismissed

Rajkumar v. State Rep By

2021-06-10Honourable Mr Justice G.K. Ilanthiraiyan2 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.10161 of 2021 Rajkumar

...Petitioner/Accused - 1

Vs.

The State represented by, The Inspector of Police, Nallipalayam Police Station, Namakkal District.

(Crime No.60 of 2021) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Sections 439 Cr.P.C. praying to enlarge the petitioner on bail pending investigation in Crime No.60 of 2021, on the file of the respondent police.

For Petitioner : Mr.K.Thenrajan 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 14.01.2021 for the offence punishable under Sections 454 and 380 of I.P.C, in Crime No.60 of 2021 on the file of the respondent, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused waylaid the defacto complainant and committed the theft of 101⁄2 sovereigns of gold jewels and swift car. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is not involved in the 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 14.01.2021 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 has involved in 13 previous cases. That apart the earlier bail petition was dismissed by the Court only on 03.06.2021. He would further submit that there is no https://hcservices.ecourts.gov.in/hcservices/

change of circumstances. Hence, he vehemently opposed to grant bail to the petitioner.

5.

It is seen that the petitioner has 13 previous cases and as such he is a habitual offender. That apart, in the present case, his earlier bail petition was dismissed by the Court only on 03.06.2021 and there is no change of circumstances in this case. 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.

TO

1. THE PRINCIPAL DISTRICT COURT NAMAKKAL

2. THE INSPECTOR OF POLICE, NALLIPALAYAM POLICE STATION, NAMAKKAL DISTRICT.

3. THE JURIDICAL MAGISTRATE NO.I NAMAKKAL

4. THE SUPERINTENDENT CENTRAL PRISION SALEM

5. THE PUBLIC PROSECUTOR HIGH COURT MADRAS 104.

CC to M/S.K.THENRAJAN Advocate on payment of necessary charges CRL OP.10161/2021 Date :10/06/2021 https://hcservices.ecourts.gov.in/hcservices/ SP(28/06/2021)