M.Thanraj v. Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.09.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13457 of 2020 M.Thanraj S/o.Magendran ... Petitioner -Vs.- The Inspector of Police, Pallavaram Police Station, Pallavaram, Chengalpet.

Crime No.815/2020 ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.815 of 2020 on the file of the Respondent. For Petitioner : Mr.P.Muthamizh Selvakumar For Respondent : Mr.T.Shanmugarajeswaran 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 29.07.2020 for the offence punishable under Sections 341, 294(b), 397, 336, 427 and 506(ii) of IPC,1860 in Crime No.815 of 2020, seeks bail.

2. The case of the prosecution as per the de facto complainant Singaraj is that he is a Tea shop owner. On 25.07.2020, when he was running his business, the accused had come to the shop and taken tea and thereafter, had demanded an amount of Rs.2,000/- from him. When he had refused to give the amount, the petitioner along with other accused have assaulted and threatened him with knife and taken an amount of Rs.1,750/- from the cash box.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the case has been registered for the purpose of detaining the petitioner. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner along with the other accused threatened the de facto complainant and had also taken an https://hcservices.ecourts.gov.in/hcservices/

amount of Rs.1,750/- from the cash box. He would submit that the petitioner is a history sheeter, who is having H.S.No.06/2016 and that he has got 9 previous cases viz., Crime Nos.1406/2016, 1521/2016, 1592/2016, 2433/2017, 212/2018, 374/2019, 508/2019, 78/2020 and 79/2020. He would submit that the investigation is pending in this case. Hence, he objected for the grant of bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and the fact that the petitioner is the history sheeter rowdy and that he is involved in 9 previous cases and that he is arrested only on 29.07.2020, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed for the present.

-sd/- 02/09/2020 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, TAMBARAM 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON,PUZHAL,CHENNAI 4 THE INSPECTOR OF POLICE, PALLAVARAM POLICE STATION, PALLAVARAM, CHENGALPET, CC to M/S.P.MUTHAMIZH SELVAKUMAR Advocate on payment of necessary charges CRL OP.13457/2020 Date :02/09/2020 RD 14/09/2020 https://hcservices.ecourts.gov.in/hcservices/