Madras High CourtCRL OP/12311/2021dismissed

Venkatesan v. State Rep.By

2021-08-31Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Thirty First day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.12311 of 2021 VENKATESAN [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, TAMBARAM POLICE STATION, CHENNAI.

CR.NO.2622 OF 2021.

For Petitioner : M/S.S.N.A.HUSSAINY Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The Petitioner was arrested on 05.10.2020 and remanded to judicial custody for the offences under Section 302 and 380 of I.P.C in Cr.Nos.2622 of 2014 on the file of the respondent police, seeks bail.

2.The case of the prosecution in all the petitions is that earlier the petitioner was granted bail by the Court below and the respondent police filed a charge sheet and the same was taken on file when the matter was posted for the appearance of the petitioner, the petitioner did not appear before the trial Court. Hence, the learned Magistrate issued NBW against the petitioner and thereafter he has filed another bail petition before the Court below and the same was dismissed. Hence, this petition.

3. The learned counsel for the petitioner submits that the petitioner is now ready to appear before the court and to abide by any stringent conditions imposed by this Court. Hence he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor submits that the petitioner is a habitual offender and there are nine previous against https://hcservices.ecourts.gov.in/hcservices/

the petitioner. He further submits that inspite of the bail granted by the Court below, he failed to appear and NBW was also issued against him. Hence, she vehemently opposed for grant of bail to the petitioner.

5. Taking into consideration the facts of the case and the nature of offence committed by the petitioner and nine previous cases are pending against the petitioner, this Court is of the opinion that it would not be justiciable to grant bail to the petitioner.

6. Accordingly, these Criminal Original Petitions are dismissed.

-sd/- 31/08/2021 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 INSPECTOR OF POLICE, TAMBARAM POLICE STATION, CHENNAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.N.A.HUSSAINY Advocate on payment of necessary charges CRL OP.12311/2021 Date :31/08/2021 INBA 15/09/2021 https://hcservices.ecourts.gov.in/hcservices/