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Madras High CourtCRL OP/18654/2021dismissed

Dharma @ Dharman v. State Rep By

2021-10-07Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventh day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18654 & 18662 of 2021 DHARMA @ DHARMAN [ PETITIONER / ACCUSED IN CRL.O.P.No.18654/2021 ] 1 SUGAN @ SUGANRAJ [ PETITIONERS / ACCUSED 1,2 2 VENKATESAN IN CRL.O.P.No.18662/2021 ] Vs STATE REP BY [ RESPONDENT / COMPLAINANT THE SUB INSPECTOR OF POLICE, IN CRL.O.P.No.18654/2021 ] THIRUVANNAMALAI TOWN POLICE STATION, THIRUVANNAMALAI DISTRICT (CRIME NO.1139 OF 2021) STATE REP BY [ RESPONDENT / COMPLAINANT THE INSPECTOR OF POLICE, IN CRL.O.P.No.18662/2021 ] THIRUVANNAMALAI TOWN POLICE STATION, THIRUVANNAMALAI DISTRICT (CRIME NO.1139 OF 2021) For Petitioners : M/S R.BALAKRISHNAN, Advocate [IN CRL.O.P.No.18654/2021 ] M/S.M.K.GAUTHAMAN, Advocate [IN CRL.O.P.No.18662/2021 ] For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) [IN BOTH PETITIONS] PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 24.09.2021 for the alleged offences punishable under Section 399 of IPC in Crime No.1139 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners along with other accused persons appear to have planned to commit dacoity. Hence, the complaint.

3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the petitioners have been in jail from 24.09.2021. Therefore, he prays for grant of bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submitted that the petitioners along with other accused persons appear to have planned to commit dacoity. He further submitted that there are seven previous cases pending against A1 and three previous cases pending against A2 and A4, all the cases are similar in nature, including 302 IPC cases. Hence, he vehemently opposed for grant of bail to the petitioners. 5.

Considering the facts and circumstances of the case and also the fact that the previous cases pending against the petitioners and the petitioners have involved in very serious offence, this Court is not inclined to grant bail to the petitioners. 6.Accordingly, these Criminal Original Petitions are dismissed. -sd/- 07/10/2021 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 SUB INSPECTOR OF POLICE, THIRUVANNAMALAI TOWN POLICE STATION, THIRUVANNAMALAI DISTRICT.

2 THE INSPECTOR OF POLICE, THIRUVANNAMALAI TOWN POLICE STATION, THIRUVANNAMALAI DISTRICT 3 THE OFFICER INCHARGE, SUB-JAIL, POLUR.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S R.BALAKRISHNAN Advocate on payment of necessary charges CRL OP.18654 & 18662/2021 Date :07/10/2021 JPA 21/10/2021