Raja v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.11.2020 CORAM :

THE HON'BLE Mr. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.17521 of 2020 Raja ... Petitioner Vs.

State rep by:- ... Respondent The Inspector of Police, Korukkupet Railway Police Station, Chennai.

(Crime No.91 of 2020) PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail concerned in Crime No.91 of 2020, on the file of the respondent police. For Petitioner : Mr.S.Devan For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

ORDER

(The cases have been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 07.09.2020 for the offences punishable under Sections 307 of IPC in Crime No.91 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 29.06.2020, due to previous enmity, the petitioner along with other accused assaulted the de facto complainant with knife over the hands and neck and also backside of the body, due to which, he sustained grievous injuries.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that co-accused has been arrested and later, released on bail. Hence, he prays for the grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would vehemently oppose the grant of bail stating that the petitioner is the habitual offender, having five previous cases against him. He would further submit that as far as the cohttps://hcservices.ecourts.gov.in/hcservices/

accused is concerned, there is no previous case against him and hence, he was granted bail.

5. Taking into consideration the facts and submissions made by the learned counsels and also the fact that there are five previous cases pending against the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 09/11/2020 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 INSPECTOR OF POLICE, KORUKKUPET RAILWAY POLICE STATION, CHENNAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.DEVAN Advocate on payment of necessary charges CRL OP.17521/2020 Date :09/11/2020 MN-01/12/2020 https://hcservices.ecourts.gov.in/hcservices/