Tamil @ Tamilarasan v. State Rep.By Its

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.13491 of 2020 Tamil @ Tamilarasan S/o.Pugazhendhi ... Petitioner -Vs.- State of Tamil Nadu Rep. by its The Inspector of Police (Crime), M-1, Madhavaram Police Station, Madhavaram, Chennai.

Crime No.3271/2020 ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.3271 of 2020 on the file of the Respondent. For Petitioner : Mr.A.Thirumaran 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 28.07.2020 for the offence punishable under Sections 341, 294(b), 323, 307 of IPC in Crime No.3271 of 2020, seeks bail.

2. The case of the prosecution as per the de facto complainant Gunasekar is that on 28.07.2020, the de facto complainant was playing cards with his friends. At that time, the petitioner had come there and started a quarrel with the de facto complainant and assaulted him with a broken bottles and stabbed him near the neck, due to which, he sustained grievous injuries.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been registered against him for statistical purpose. He would further submit that the petitioner was arrested on 28.07.2020 and he is in custody for more than 35 days. 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 is a notorious https://hcservices.ecourts.gov.in/hcservices/

element and on 28.07.2020, while the de facto complainant and his friends were playing cards, the petitioner started a quarrel and he also stabbed the de facto complainant with broken bottle near the neck. He would submit that as far as this petitioner is concerned, there are 11 previous cases of similar in nature. He has also given the list of the same. Hence, he objected for the grant of bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and that the petitioner is involved in 11 previous cases and that he is arrested only on 28.07.2020, 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE,MADHAVARAM 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE OFFICER INCHARGE SUB-JAIL, PONNERI 4 THE INSPECTOR OF POLICE (CRIME) M-1, MADHAVARAM POLICE STATION, MADHAVARAM, CHENNAI.

CC to M/S.A.THIRUMARAN Advocate on payment of necessary charges CRL OP.13491/2020 Date :02/09/2020 RD 14/09/2020 https://hcservices.ecourts.gov.in/hcservices/