Madras High CourtCRL OP/14481/2021dismissed

Nithiya@Nithiyanandan v. The State Rep By

2021-08-17Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventeenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice V.BHAVANI SUBBAROYAN CRIMINAL ORIGINAL PETITION No.14481 of 2021 IN P.R.C.No.8/2012 (On the file of the Principal District and Sessions Court at Chengalpattu Distrit) NITHIYA @ NITHIYANANDAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CHENGALPATTU TALUK POLICE STATION, CHENGALPATTU DISTRICT.

CRIME.NO.625/2011 For Petitioner : M/S.K.SUTHAN Advocate For Respondent : E.RAJ THILAK, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 26.02.2021 for the alleged offences punishable under Sections 147, 148, 120B, 302 IPC r/w 149, 109 IPC, in PRC No.8 of 2012 in Crime No. 625 of 2011 on the file of the Principal District and Sessions Court, Chengalpattu District, seeks bail.

2. It is the case of brutal murder. Since, the petitioner has not appeared before the Court, NBW was issued and on the execution of NBW, this petitioner was secured. Further, for the past five years the petitioner was absconded.

3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the summon was not served on the petitioner, hence, he is not known to the date of hearing of the https://hcservices.ecourts.gov.in/hcservices/

case. Hence, he could not appear before the learned Principal District and Sessions Court, Chengalpattu District when the case is called. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that there are five previous cases pending against the petitioner. He would further submit that the petitioner is a history sheeter. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Considering the fact that there are five previous cases pending against the petitioner, which reveals that the petitioner is a history sheeter and there is no changes of circumstances, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 17/08/2021 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 PRINCIPAL DISTRICT AND SESSIONS COURT, CHENGALPATTU DISTRICT.

2 THE INSPECTOR OF POLICE, CHENGALPATTU TALUK POLICE STATION, CHENGALPATTU DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.K.SUTHAN Advocate on payment of necessary charges SR.NO. 8674 CRL OP.14481/2021 Date :17/08/2021 INBA 13/09/2021 https://hcservices.ecourts.gov.in/hcservices/