Madras High CourtCRL MP/5168/2020dismissed

Kumar@Apache Kumar v. State Rep By

2020-09-14Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.M.P.No.5168 of 2020 in Crl.O.P.No.6716 of 2020 Kumar @ Apache Kumar, S/o. Kannan Gounder ... Petitioner Vs.

The State represented by, The Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District.

Crime No.699 of 2019 ... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C. to modify the order in Crl.O.P.No.6716 of 2020 dated 23.03.2020 to release on him own bond without sureties time being instead of to execute a sureties a sum of Rs.10,000/- with two sureties to concern Judicial Magistrate.

For Petitioner : Mr.S. L. Venkatesan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) This Criminal Miscellaneous Petition has been filed to modify the order in Crl.O.P.No.6716 of 2020 dated 23.03.2020 to release on him own bond without sureties time being instead of to execute a sureties a sum of Rs.10,000/- with two sureties to concern Judicial Magistrate.

2. The learned Additional Public Prosecutor would vehemently opposed to release the petitioner on his own bond. He would submit that the petitioner is a habitual offender and he has already been convicted in Cr.No.72 of 2011, Thalambur Police Station. https://hcservices.ecourts.gov.in/hcservices/

3. Taking into consideration the facts and circumstances of the case and the fact that the petitioner has already been convicted in a similar offence and the present case for the offence under Section 397 of I.P.C., this Court is not inclined to direct the release the petitioner on his own bond.

4. With the above observation, this Criminal Miscellaneous Petition is dismissed.

-sd/- 14/09/2020 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, ARNI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, ARNI TALUK POLICE STATION, TIRUVANNAMALAI DISTRICT.

C.C. to M/S.S.L.VENKATESAN Advocate on payment of necessary charges Order in CRL MP.5168/2020 in CRL OP.6716/2020 Date :14/09/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 22/09/2020 https://hcservices.ecourts.gov.in/hcservices/