Ponraj v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eleventh day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13992 of 2021 PONRAJ [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SULUR POLICE STATION, COIMBATORE DISTRICT (CRIME NO.288/2011) For Petitioner : M/S.M.DINESH Advocate For Respondent : MR.L.BASKARAN,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 15.03.2021 for the offence punishable under Sections 380 and 457 of I.P.C. in Crime No.288 of 2011 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner committed offence under Sections 380 and 457 of IPC and a case was registered in the year 2011 and the crime was registered in Crime No.288 of 2011. Subsequently, the petitioner was arrested and released on bail. The respondent police completed the investigation and filed a final report in the year 2011 itself. The trial court has taken cognizance of offence in CC.No.938 of 2017 on the file of the Judicial Magistrate, Sulur, Coimbatore District. Thereafter, the petitioner never appeared before the trial court and the trial court issued NBW against the petitioner.

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 further submits that the petitioner is incarcerating imprisonment for nearly five months. Hence, he seeks for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.side) would submit that the petitioner is a habitual offender. He is having so many previous cases. The trial court issued NBW for non-appearance of the petitioner. While pending NBW, he committed three other crimes and he was charge sheeted. Totally four trials are pending before the trial court. He further submitted that the trial is in progress and PW1 to 9 were served summons and the matter is posted on 13.08.2021. Hence, he vehemently opposed for grant of bail to the petitioner. 5.Taking into consideration of the bad antecedents of the petitioner, this Court dismissed the earlier bail petitions. Even now, there is no change of circumstances in this case. Therefore, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal original petition is dismissed. -sd/- 11/08/2021 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 JUDICIAL MAGISTRATE, SULUR, COIMBATORE DISTRICT.

THE SUPERINTENDENT, CENTRAL JAIL, COIMBATORE 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, SULUR POLICE STATION, COIMBATORE DISTRICT CC to M/S.M.DINESH Advocate on payment of necessary charges CRL OP.13992/2021 Date :11/08/2021 RVR 16/08/2021