Madras High CourtCRL OP/10360/2021dismissed

Rajan @ Ebinesar v. Inspector Of Police

2021-06-14Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10360 of 2021 Rajan @ Ebinesar ... Petitioner Vs.

State rep by the Sub Inspector of Police, B-7, Vellavedu Police Station, Thiruvallur District.

... Respondent Prayer:

Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioner on bail in Crime No.165 of 2021 on the file of the respondent police.

For Petitioner : Mr.M.Manivelan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested on 28.04.2021 for the offence under Sections 147, 148, 294(b), 427, 307 of IPC and Section 3 of Explosive Substances Act in Cr.No.165 of 2021 on the file of the respondent police, seeks bail.

2.It is the case of the prosecution that the defacto complainant is running biryani shop for the past 19 years at T.H.Road, Thirumazhisai. On 18.04.2021, the petitioner along with the other accused demanded biryani at free of cost, which, the defacto complainant refused and thereafter, the accused damaged the shop. The petitioner is arrayed as A1 in the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. He further submitted that the co-accused has already been enlarged on bail.

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4.The learned Government Advocate (Crl. Side) submitted that the petitioner is a habitual offender and further submitted that there are eight previous cases pending as against the petitioner. 5.Considering the fact that there are eight previous cases pending as against the petitioner and the fact that in the recent past, these types of incidents have increased, I am not inclined to grant bail to the petitioner.

6.Accordingly, the criminal original petition is dismissed. -sd/- 14/06/2021 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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUB INSPECTOR OF POLICE, B-7, VELLAVEDU POLICE STATION, THIRUVALLUR DISTRICT.

CC to M/S M.MANIVELAN Advocate on payment of necessary charges CRL OP.10360/2021 Date :14/06/2021 cs 17/06/2021 https://hcservices.ecourts.gov.in/hcservices/