K.Gowrishankar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.09.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14374 of 2020 K.Gowrishankar ... Petitioner Vs.

State Rep. by The Sub Inspector of Police Pallipalayam Police Station Namakkal District of (Crime No.728 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No. 728 of 2020 pending investigation on the file of the respondent police.

For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.T.Shunmugarajeswaran 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 30.07.2020 for the offence punishable under Section 307 IPC in Crime No.728 of 2020, on the file of the respondent police, seeks bail.

2.The case of the prosecution as per the defacto complainant Praveen Kumar is that due to previous enmity, the petitioner/A2 along with A1 assaulted the defacto complainant with knife and caused grievous injury. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that this is second application for bail and the earlier petition was dismissed by this Court on 24.08.2020. He would submit that the injured has been discharged from the hospital and the petitioner has been suffering incarceration from 30.07.2020. Hence, he prays for grant of bail to the petitioner.

4. At this juncture, the learned Government Advocate (Crl. Side) appearing for the respondent police would submit that the earlier application was dismissed only after the injured was dismissed. He would further submit that this Court taking into consideration the previous cases pending against the petitioner, dismissed the earlier https://hcservices.ecourts.gov.in/hcservices/

petition and that there is no change in circumstances. Hence, he vehemently opposed for grant of bail.

5. It is seen that this Court very recently on 24.08.2020 has dismissed the earlier application for bail and still there is no change in circumstances. Further, the petitioner has involved in four previous cases that too for offences under Sections, 302, 380, 397 and 394 IPC and the cases are for murder, robbery and theft. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. -sd/- 16/09/2020 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, SALEM 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUB INSPECTOR OF POLICE PALLIPALAYAM POLICE STATION, NAMAKKAL DISTRICT CC to M/S. C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.14374/2020 Date :16/09/2020 RVR 25/09/2020 https://hcservices.ecourts.gov.in/hcservices/