Madras High CourtCRL OP/19582/2021dismissed

Prabu v. The State Represented By

2021-10-22Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Second day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19582 of 2021 PRABU [ PETITIONER/ ACCUSED ] Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MECHARI POLICE STATION, SALEM DISTRICT.

(CRIME NO. 439 OF 2021) For Petitioner : M/S. R.PARTHIBAN 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 10.08.2021 for the offence punishable under Sections 341, 294(b), 323, 392 and 397 of IPC, in Crime No.439 of 2021 on the file of the respondent police, seeks bail.

2. This is the third bail application filed before this Court. The case of the prosecution is that the petitioner along with other accused persons came in a two wheeler and waylaid the defacto complainant and abused him with filthy language and attacked him with hands and stolen the lorry. 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 10.08.2021. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submitted that there is one previous case pending against the petitioner and earlier bail applications were dismissed by this Court in Crl.O.P.Nos.16318 and 17879 of 2021 and there is no change of circumstances. Hence, he vehemently opposed for grant of bail to the petitioner.

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5.Considering the facts and circumstances of the case and also the fact that there is one previous case 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/- 22/10/2021 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, MECHARI POLICE STATION, SALEM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

CC to M/S. R.PARTHIBAN Advocate on payment of necessary charges CRL OP.19582/2021 Date :22/10/2021 CSK 29/10/2021 https://hcservices.ecourts.gov.in/hcservices/