Madras High CourtCRL OP/14295/2020dismissed

Suriya@Pallu Suriya v. The State Of Tamilnadu Rep.By

2020-09-14Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.14295 of 2020 Suriya @ Pallu Suriya ... Petitioner Vs.

The State of Tamil Nadu Rep. by the Inspector of Police M-5, Ennore Police Station Chennai (Crime No.3764 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C., to enlarge the petitioner on bail pending investigation in Crime No.3764 of 2020 on the file of the respondent police. For Petitioner : Mr.M.Illiyas For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl.Side)

ORDER

(This case has been heard through video conference) The petitioner, who was arrested and remanded to the Judicial Custody on 05.08.2020, for the offences punishable under Section 341, 294(b), 336, 323, 392, 397, 506(ii) IPC and Section 3 of TNPPDL Act, in Crime No.3764 of 2020, on the file of the respondent police seeks bail.

2.The case of the prosecution as per the defacto complainant one Loganathan is that on 04.08.2020 at about 8.30 p.m. the petitioner and two others waylaid the defacto complainant and robbed a sum of Rs.2,000/- and his SAMSUNG mobile phone and also threatened him with knife point, damaged the windshield of the auto. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case since the respondent police wants to keep him under fetters.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would vehemently oppose stating that the petitioner along with other accused, threatened the defacto complainant and robbed a sum of Rs.2,000/- and also snatched his cell phone. They have also caused damage to the auto owned by the defacto complainant. He would further submit that the petitioner was arrested only on 05.08.2020 and he has got six previous cases as follows:

1. Cr.No.879/2017, M5 Police Station, u/s.341, 294(b), 336, 427, 329, 397, 506 (ii) IPC.

2. Cr.No.1391/2017, M5 Police Station, u/s.147, 148, 341, 294(b), 324, 506 (ii) IPC.

3. Cr.No.596/2018, M5 Police Station, u/s.341, 294(b), 384, 506 (ii) IPC.

4. Cr.No.17/2019, M5 Police Station, u/s.341, 394, 324, 506 (ii) IPC.

5. Cr.No.321/2019, M5 Police Station, u/s.147, 148, 341, 294(b), 324, 307, 506 (ii) IPC.

6. Cr.No.3763/2020, M5 Police Station, u/s.294(b), 506 (ii) IPC and 3 of TNPPDL Act 5.Taking into consideration of the submissions so made by the learned Government Advocate (Crl. Side) and also considering the fact that the petitioner is a notorious element and he has got six previous cases of similar nature to his credit and also considering the fact that the petitioner was arrested only on 05.08.2020 and the investigation is in initial stage, this court is not inclined to grant bail to the petitioner.

6.This Criminal Original Petition stands dismissed accordingly. -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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, M-5, ENNORE POLICE STATION, CHENNAI.

CC to M/S M.ILLIYAS Advocate on payment of necessary charges CRL OP.14295/2020 Date :14/09/2020 cs 23/09/2020