Madras High CourtCRL OP/10828/2022dismissed

Sarath @ Sarath Kumar v. Inspector Of Poice

2022-05-05Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice P. VELMURUGAN CRIMINAL ORIGINAL PETITION No.10828 of 2022 SARATH @ SARATH KUMAR [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POICE J-1, SAIDAPET POLICE STATION, CHENNAI.

CR.NO.58/2022.

For Petitioner : M/S. K.MARIYAPPAN Advocate For Respondent : Mrs.G.V.KASTHURI, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner herein, who was arrested on 09.03.2022 for the offences punishable under Sections 341, 294(b), 324, 427, 336, 397 & 506(ii) of IPC, in Crime No.58 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner in drunken state had forcibly robbed Rs.450/- and attacked the defacto complainant with wooden log.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offences as alleged by the prosecution. Since the petitioner is having previous cases, this case has been falsely foisted against him and hence he prays for granting bail. He further submitted that earlier the petitioner filed bail petition before the Sessions Court, Chennai and the learned Principal Sessions Judge had dismissed the same on 06.04.2022.

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4. The learned Additional Public Prosecutor appearing for the respondent raised objection for granting bail to the petitioner stating that the petitioner has been detained under the Goondas Act, since he was in a drunken mode and by attacking the defacto complainant with wooden log, he robbed Rs.450/-.

5. Considering the serious nature of offence and since the petitioner has been detained under the Goondas Act, this Court is not inclined to grant bail to this petitioner.

6. Hence, this Criminal Original Petition is dismissed. -sd/- 05/05/2022 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 SESSIONS JUDGE CHENNAI.

2 THE INSPECTOR OF POICE J-1, SAIDAPET POLICE STATION, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

CC to M/S. K.MARIYAPPAN Advocate on payment of necessary charges CRL OP.10828/2022 Date :05/05/2022 TA-16/05/2022 https://hcservices.ecourts.gov.in/hcservices/