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Madras High CourtCRL OP/20135/2020dismissed

Suman @ Sumanraj v. State Rep By

2020-12-17Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.12.2020 CORAM :

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.20135 of 2020 1.Suman @ Sumanraj 2.Vasanth ... Petitioners Vs.

The Inspector of Police, J-11, Kannagi Nagar Police Station, Greater Chennai.

(Crime No.1103 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to enlarge the petitioners on bail in connection with Crime No.1103 of 2020 on the file of the respondent. For Petitioners: Mr.P.Vishnu For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioners, who were arrested and remanded to judicial custody on 06.11.2020 for the offence punishable under Section 147, 148, 294(b), 336, 506(ii) IPC and Section 3(1) of the Tamil Nadu Public Property (Prevention of Damage and Loss Act), 1992, in Crime No.1103 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution as per the defacto complainant viz. Ibrahim is that on 06.10.2020 at about 6.00 a.m. he parked his car and subsequently at about 12.45 a.m. some known persons belonging to Kannagi Nagar created ruckus and had caused damaged to the car parked in front of his house and broke the windshield and other rear mirrors, estimated to Rs.75,000/-.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that the petitioners are in custody from 06.11.2020.

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4. The learned Government Advocate (Crl. Side) would vehemently oppose stating that there are two groups in Kannagi Nagar, one belonging to Chandru @ Tamilselvan and another group belonging to Mulla @ Shivakumar. The petitioners are the members belonging to Chandru @ Tamilselvan and in order to show their supremacy, they have entered into the jurisdiction of Mulla @ Shivakumar and have caused damage to four cars by hitting them with wooden logs. He would further submit that these petitioners have nine previous cases of similar nature and investigation is pending.

5. Taking into consideration of the facts and submissions so made by the learned Government Advocate and also considering the fact that the petitioners have 9 previous cases of similar nature, this court is not inclined to grant bail to the petitioners.

6. This Criminal Original Petition stands dismissed accordingly. -sd/- 17/12/2020 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 JUDICIAL MAGISTRATE NO.II, ALANDUR 2 THE OFFICER INCHARGE SUB JAIL, CHENGALPATTU 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, J-11 KANNAGI NAGAR POLICE STATION,GREATER CHENNAI.

CC to M/S P.VISHNU Advocate on payment of necessary charges CRL OP.20135/2020 Date :17/12/2020 GKS:28/12/2020 https://hcservices.ecourts.gov.in/hcservices/