Madras High CourtCRL OP/18166/2021dismissed

Lakshmipathi v. State Rep By

2021-09-30Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Thirtieth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18166 of 2021 LAKSHMIPATHI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THALLY POLICE STATION, KRISHNAGIRI DISTRICT (CRIME NO.157/2021) For Petitioner : M/S G.MOHAMMED ASEEF 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 and remanded to judicial custody on 16.07.2021 for the alleged offences punishable under Section 399 of IPC, in Crime No.157 of 2021, on the file of the respondent police, seeks bail.

2. This is the fourth bail application filed before this Court. The case of the prosecution is that when the respondent police conducted regular check up, the petitioner along with other accused persons appear to have planned to rob the empty house. 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 has been in jail from 16.07.2021. He further submitted that earlier bail applications were dismissed by this Court in Crl.O.P.No.13376, 14806 and 16722 of 2021 https://hcservices.ecourts.gov.in/hcservices/

on the ground that there are two previous cases pending against the petitioner. He further submitted that co-accused had already been released on bail by this Court. Therefore, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submitted that the petitioner is a habitual offender. He further submitted that there are two previous cases pending as against the petitioner and the investigation is still pending. 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 two previous cases pending against the petitioner and earlier bail applications were dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 30/09/2021 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE SUPERINTENDENT, CENTRAL PRISON,SALEM.

3 THE INSPECTOR OF POLICE, THALLY POLICE STATION, KRISHNAGIRI DISTRICT.

CC to M/S G.MOHAMMED ASEEF Advocate on payment of necessary charges CRL OP.18166/2021 Date :30/09/2021 RW 11/10/2021 https://hcservices.ecourts.gov.in/hcservices/