Siva @ Sivakumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.08.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12372 of 2020 Siva @ Sivakumar ... Petitioner Vs.

The State Represented by, The Inspector of Police, Shankar Nagar Police Station, Kancheepuram District.

(Crime No.589 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.589 of 2020, on the file of the respondent police. For Petitioner : Mr. B. Shakthivel 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 04.06.2020 for the offences punishable under Sections 341, 294(b), 392 read with Section 397 and 506(2) IPC, in Crime No.589 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution as per the defacto complainant one Dayalan is that on 04.06.2020 at about 08.15 p.m., when he was proceeding to the Anangapathur bridge in his motor cycle, at that time three persons have way laid the defacto complainant and thereafter at knife point they robbed an amount of Rs.650/- from him. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and that a false case has been foisted against him. He would further submit that the petitioner was arrested on 04.06.2020 and that he has no way connected in this case. Hence he prays for grant of bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) would submit that the petitioner along with other accused persons have way laid the defacto complainant and robbed an amount of Rs.650/- from him at the knife point. He further submit that there are 14 previous cases pending against the petitioner and the petitioner is also a history sheeter rowdy and that in this case investigation is pending. Hence he opposed to grant bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel and also the fact that the petitioner is a history sheeter rowdy and that 14 previous previous cases pending against him, this Court is not inclined to grant bail to the petitioner. 6.

Accordingly, this Criminal Original Petition is dimisssed.

-sd/- 17/08/2020 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 NO.II, CHENNAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, SHANKAR NAGAR POLICE STATION, KANCHEEPURAM DISTRICT.

CC to M/S. B.SHAKTHIVEL Advocate on payment of necessary charges CRL OP.12372/2020 Date :17/08/2020 MK:02/09/2020 https://hcservices.ecourts.gov.in/hcservices/