Raj Kumar v. State Rep.By

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.14289 of 2020 1.Raj Kumar 2.Sathyaraj ... Petitioners Vs.

State Represented by The Inspector of Police Kundrathur Police Station Kancheepuram District (Crime No.1324 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C., to enlarge the petitioners on bail pending investigation in Crime No.1324 of 2020 on the file of the respondent police.

For Petitioners : Mr.T.Sarvana For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl.Side)

ORDER

(This case has been heard through video conference) The petitioners, who were arrested and remanded to the Judicial Custody on 29.08.2020, for the offences punishable under Section 341, 294(b), 336, 427, 397 and 506(ii) IPC, in Crime No.1324 of 2020, on the file of the respondent police seek bail.

2.The case of the prosecution as per the defacto complainant is that on 29.08.2020, the petitioners along with another accused waylaid the defacto complainant and demanded money from him, when he replied he has no money, the petitioners have threatened him with knife point and robbed a sum of Rs.8,000/- from him.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case since the respondent police suspected that they are the friends of one Mathew / A1 who is a notorious person. He would further submit that the petitioners are in judicial custody from 29.08.2020.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would vehemently oppose stating that the petitioners are the associates of the notorious person called Mathew / A1 in this case. He would further submit that as far as the 1st petitioner is concerned, he has got three previous cases out of which, one is registered for the offences u/s.302 IPC, another crime for the offence u/s.307 and another for the offence u/s.397 IPC. He would further submit that as far as the 2nd petitioner is concerned he has got no previous cases. He would further submit that the petitioners have been arrested very recently on 30.08.2020 and the investigation is pending. 5.Taking into consideration of the facts and submissions so made by the learned Government Advocate (Crl. Side) and also considering the fact that the 1st petitioner has got three previous cases and that the accused have been arrested very recently on 30.08.2020 and investigation is also pending, this Court is not inclined to grant bail to the petitioners.

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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, KUNDRATHUR POLICE STATION, KANCHEEPURAM DISTRICT.

CC to M/S.T.SARVANA Advocate on payment of necessary charges CRL OP.14289/2020 Date :14/09/2020 MK:23/09/2020