Masthan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Thirteenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14330 of 2021 MASTHAN [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE, [ RESPONDENT ] TINDIVANAM POLICE STATION, VILLUPURAM DISTRICT CR NO.590/2017 For Petitioner : M/S.G.BASKAR Advocate For Respondent : M/S. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 04.01.2021 and remanded to judicial custody for the alleged offences punishable under Sections 294(b), 384, 353, 506(ii) and 307 of IPC r/w 3(1) of TNPPDL Act, in SC.No.9 of 2019 on the file of the learned I Additional District Judge, Tindivanam, in Crime No.590 of 2017 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the case was registered in the year 2017 and the investigation has been completed and the charge sheet has also been filed before the learned I Additional District and Sessions Court Tindivaam in S.C,No.9 of 2019. When the case was posted on 17.10.2019, at that time, the petitioner has not appeared before the Court and hence,, Non Bailable Warrant has been issued against the petitioner, he was secured on 04.01.2021.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offences and he has been falsely implicated in this case. He further submits that the petitioner has been in jail from 04.01.2021. He further submits that the petitioner was unable to appear before the https://hcservices.ecourts.gov.in/hcservices/

trial Court since he was suffering from illness. He futher submit that the petitioner is ready to co-operate with the investigation and abide by any stringent condition as may be imposed by this Court. Hence he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that there fifteen previous cases pending as against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that there are fifteen previous cases pending as against the petitioner and he is a habitual offender, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 13/08/2021 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 INSPECTOR OF POLICE, TINDIVANAM POLICE STATION, VILLUPURAM DISTRICT THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.BASKAR Advocate on payment of necessary charges CRL OP.14330/2021 Date :13/08/2021 APN 02/09/2021 https://hcservices.ecourts.gov.in/hcservices/