Madras High CourtCRL OP/18967/2021dismissed

Elumalai v. State Rep By

2021-10-08Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eighth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18967 of 2021 ELUMALAI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, OLAKKUR POLICE STATION, VILLUPURAM DISTRICT.

(CRIME NO.378/2021) For Petitioner : M/S S.P.ARTHI 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 22.08.2021 for the offence punishable under Sections 394 and 397 of IPC, in Crime No.378 of 2021, 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 entered into the house of the defacto complainant to commit robbery and assaulted the son of the defacto complainant with iron rod and caused injuries. 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 22.08.2021. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submitted that the petitioner along with other accused persons had entered into the house of the defacto complainant to commit robbery and assaulted the son of the defacto complainant with iron rod and caused injuries. He further submitted that there are 25 previous cases pending against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and also the fact that there are 25 previous cases pending against the petitioner and considering the gravity of offence, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 08/10/2021 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 INSPECTOR OF POLICE, OLAKKUR POLICE STATION, VILLUPURAM DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S S.P.ARTHI Advocate on payment of necessary charges CRL OP.18967/2021 Date :08/10/2021 CSK 26/10/2021 https://hcservices.ecourts.gov.in/hcservices/