Tamizh @ Tamizharasan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Nineteenth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.12440 of 2021 TAMIZH @ TAMIZHARASAN [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE STATION HOUSE OFFICER, METTUPALAYAM POLICE STATION, PUDUCHERRY.

(CR.NO.84 OF 2017) For Petitioner : M/S.P.PRINCE PREMKUMAR 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 who was arrested on 27.10.2017 and remanded to judicial custody for the offence under Sections 148, 109, 120-B, 144, 114, 342, 302, 307, 326, 324 of IPC read with Section 149 of IPC and Section 3 & 4 of Explosive Substances Act 1908 in Cr.No.84 of 2017 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with the other accused persons unlawfully assembled and entered into the scene of occurrence due to previous enmity and attacked three of his friends using knife and country made bomb and caused death to them. Thereafter, the accused persons attempted to commit murder of the deceased by assaulting with knife on his right hand and thereby, caused injuries to him.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and he is in prison from 27.10.2017. Co-accused have been released on bail. Hence, he seeks bail to the petitioner.

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4.The learned Government Advocate submitted that the petitioner is a habitual offender and further submitted that there are 23 previous cases pending against the petitioner and four accused persons have been absconded and some of the witnesses have to be examined in this case. Hence, he vehemently objected to grant bail to the petitioner.

5.Considering the fact that the petitioner is a habitual offender and there are 23 previous cases pending against the petitioner and considering the gravity of the offence made by the petitioner, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this criminal original petition is dismissed. -sd/- 19/07/2021 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 STATION HOUSE OFFICER, METTUPALAYAM POLICE STATION, PUDUCHERRY.

2 THE PUBLIC PROSECUTOR HIGH COURT, PUDUCHERRY.

3 THE SUPERINTENDENT, CENTRAL PRISON KALAPET, PUDUCHERRY.

CC to M/S.P.PRINCE PREMKUMAR Advocate on payment of necessary charges CRL OP.12440/2021 Date :19/07/2021 RW 02/08/2021 https://hcservices.ecourts.gov.in/hcservices/