Rajesh@Rajasekar v. The State Of Tamilnadu, Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Tenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.20993 of 2021 RAJESH @ G.RAJASEKAR [ PETITIONER / ACCUSED ] Vs THE STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, TIRUPPUR NORTH POLICE STATION, TIRUPPUR DISTRICT.

CRIME NO. 1274 OF 2020 For Petitioner : M/S. A.SARAVANAN Advocate For Respondent : MR.N.S.SUGANTHAN, Counsel for Government 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 21.05.2020 for the alleged offences punishable under Section 399 of IPC in Crime No.1274 of 2020, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 21.05.2020, while the respondent police was on regular raid, they found that one group of persons with unlawful weapons and after seeing the respondent police, immediately ran away from the place. After chasing, the respondent police caught two persons and based on their confession statement, they were planned to commit dacoity. Hence, the complaint.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and he has been falsely

implicated in this case. He further submits that the co-accused were already enlarged on bail and charge sheet was filed and the case was taken on file in P.R.C.No.22 of 2020 on the file of the Judicial Magistrate No.1, Tiruppur. Hence, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submits that the coaccused were arrested and remanded to judicial custody. He further submits that the petitioner's earlier bail petition was dismissed by the Principal Sessions Court, Tiruppur in Crl.MP.No.946 of 2021 dated 23.06.2021. He further submits that the petitioner is a habitual offender and there are nine previous cases pending as against the petitioner, out of which, three cases for an offence under Section 307 of IPC and another case for an offence under Section 302 of IPC. Hence, he vehemently opposed for grant of bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the submissions made by both counsel and also the fact that there are nine previous cases pending as against the petitioner and there is no change of circumstances after the dismissal of the petitioner's bail petition, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 10/11/2021 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, NO.I, TIRUPPUR.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, TIRUPPUR NORTH POLICE STATION, TIRUPPUR DISTRICT.

5 THE PRINCIPAL SESSIONS COURT, TIRUPPUR.

CC to M/S. A.SARAVANAN Advocate on payment of necessary charges CRL OP.20993/2021 Date :10/11/2021 RW 19/11/2021