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Madras High CourtCRL OP/14032/2021dismissed

Praveen Kumar @ Praveen v. The State Rep By Its

2021-08-16Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2021 CORAM :

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.14032 of 2021 Praveen Kumar @ Praveen

...Petitioner

Vs The State rep by its Inspector of Police, Peerkankaranai Police Station, Kanchipuram District.

Cr.No.1781 of 2017

...Respondent

PRAYER: Criminal Original Petition has been filed under Section 482 of Cr.P.C, prayed to set aside the bail cancellation order passed by the Principal District and Sessions Juge, Kanchipuram District at Chengalpattu in Crl.M.P.No.2996 of 2020 dated 26.02.2021.

For Petitioner : Mr.D.Magesh For Respondent : Mr.C.E.Pratap Government Advocate (Crl side)

ORDER

This Criminal Original Petition has been filed to set aside the bail cancellation order passed by the Principal District and Sessions Judge, Kanchipuram District at Chengalpattu in Crl.MP.No.2996 of 2020 dated 26.02.2021.

2. The case of the prosecution is that the petitioner was arrested on 02.09.2020 in Crime No.1193 of 2020 for the offence under Section 174 Cr.P.C subsequently altered into 147, 302 of IPC on the file of the respondent police. The petitioner was already granted bail for a similar offence in Crime No.1781 of 2017 in Crl.MP.No.4475 of 2017 dated 22.12.2017 by the Principal District and Sessions Judge, Chengalpattu. Wherein condition was imposed on the accused not to indulge in similar offences. Since the accused indulged in similar offence leading to the registration of Cr.No.1193 of 2020, the petition was moved for cancellation of bail which was allowed by the Principal District and Sessions Judge, Chengalpattu. Challenging the said order, the present petition was filed.

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3. The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner was arrested and remanded to judicial custody for more than 309 days and he was detained under Goondas Act.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that due to previous enmity, the petitioner along with other person brutally assaulted and murdered the deceased and as the petitioner had involved in similar offence bail was cancelled, which does not require any interference.

5. Considering the facts and circumstances of the case, this Courts finds that in the earlier petition, bail was granted in Crl.MP.No.4475 of 2017 dated 22.12.2017 in Crime No.1781 of 2017 by the Trial Court imposing a condition not to indulge in similar offence. However, the petitioner committed similar offence which necessitated cancellation of bail. This Court finds that the reason adduced for cancellation of bail are perfectly in order and it requires no interference.

6. Accordingly, for the reason aforesaid, this petition was dismissed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar drl To

1. The Principal District and Sessions Judge, Kanchipuram District at Chengalpattu.

2. The Inspector of Police, Peerkankaranai Police Station, Kanchipuram District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.14032 of 2021 PA[co] NSK 07/09/2021 https://hcservices.ecourts.gov.in/hcservices/