Madras High CourtCRL OP/17144/2021dismissed

Mla. Raja @ Rajkumar v. State Rep By

2021-09-17Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17144 of 2021 MLA. RAJA @ RAJKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KALAVAI POLICE STATION, ARCOT, VELLORE DISTRICT.

(CR.NO.249/2017) For Petitioner : M/S.M.R.THANGAVEL Advocate For Respondent : MR. 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 21.07.2021 and remanded to judicial custody for the offences punishable under Sections 294(b), 323, 341, 392, 397, 506(ii) of IPC, in Crime No.249 of 2017, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused persons had robbed a sum of Rs.220/- from the defacto complainant. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is in jail from 21.07.2021. He would further submit that the petitioner was formally arrested on 10.12.2020 in Crime No.1385 of 2020 and the same was registered by Ariyalur Police Station. Thereafter, the petitioner was granted mandatory bail in Crl.M.P.No.3327 of 2021, dated 16.03.2021 by the learned Judicial Magistrate-1, Vellore. He further submitted that the petitioner was in custody on 08.01.2021 a detention order/Goondas was filed against the petitioner and the same was revoked by this Court https://hcservices.ecourts.gov.in/hcservices/

in HCP.No.187 of 2021 dated 17.08.2021. Again, the petitioner was formally arrested on 21.07.2021. He further submitted that the petitioner's leg was broken by the law enforcing agency, if the petitioner is enlarged on bail, he might be taking treatment for his fracture in the leg. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) on instructions submitted that the petitioner is a habitual offender and there are 16 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 16 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/- 17/09/2021 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, KALAVAI POLICE STATION, ARCOT, VELLORE DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.M.R.THANGAVEL Advocate on payment of necessary charges CRL OP.17144/2021 Date :17/09/2021 INBA-20/10/2021 https://hcservices.ecourts.gov.in/hcservices/