Vignesh @ Sanjalan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 12347 of 2020 Vignesh @ Sanjalan, M/A 26 years, S/o.Muthusamy, 6th Ward Street, Thokkavadi Village, Chengam Taluk, Tiruvannamalai District.

... Petitioner/Sole Accused Vs.

The State represented by, The Sub Inspector of Police, Chengam Police Station, Tiruvannamalai District.

Crime No. 34 of 2020 PRC.No.1 of 2020 ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in PRC.No.1 of 2020 pending on the file of the Judicial Magistrate, Chengam in Crime No.34 of 2020, on the file of the respondent police.

For Petitioner : Mr.S.Silambuselvan For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 19.01.2020 for the offences punishable under Sections 294 (b), 394 of IPC an Section 3 of TNPPDL Act, in Crime No.34 of 2020 on the file of the respondent police, seeks bail. 2 The case of the prosecution as per the defacto complainant viz, Chenni, is that while he was travelling along with his wife, he had a received the phone call and had stopped his motor cycle and speaking over phone. At that time, the petitioner had assaulted him with the knife and robbed an amount of Rs.1,000/- from him and thereby, the defacto complainant had sustained injuries. Hence, the complaint.

3 The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been https://hcservices.ecourts.gov.in/hcservices/

falsely implicated in his case. He would submit that the investigation has been completed and the case is pending committal in PRC.No.1 of 2020 on the file of the learned Judicial Magistrate, Chengam. Hence, he prays to grant bail to the petitioner. 4 The learned Government Advocate appearing for the respondent would submit that the petitioner had brutally attacked the defacto complainant, due to which, the defacto complainant has sustained grievous injuries and he was admitted in the hospital for 15 days. He would submit that case is pending committal and that there are four previous cases pending against the petitioner and at this stage if bail is granted to the petitioner, there is a possibility that he will abscond. He would submit that the respondent is prepared to get along with the trial.

Hence, he vehemently opposed to grant bail to the petitioner. 5 Taking into consideration the facts and submissions made by the learned counsel and considering the fact that the petitioner has involved in four previous cases of similar nature, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.

-sd/- 24/08/2020 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 JUDICIAL MAGISTRATE, CHENGAM 2 THE SUPERINTENDENT, CENTRAL PRISON,VELLORE 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 SUB INSPECTOR OF POLICE, CHENGAM POLICE STATION, TIRUVANNAMALAI DISTRICT, CC to M/S. S.SILAMBUSELVAN Advocate on payment of necessary charges CRL OP.12347/2020 Date :24/08/2020 RD 07/09/2020 https://hcservices.ecourts.gov.in/hcservices/