A.Sankar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.12.2020 CORAM :

THE HON'BLE Mr. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.20643 of 2020 A.Sankar ... Petitioner Vs.

State Rep By ... Respondent The Sub-Inspector of Police Vandavasi North Station Vandavasi, Tiruvannamalai District.

(Crime No.763 of 2020) PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.763 of 2020 pending on the file of the respondent police. For Petitioner : Mr.G.Kartheeban For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

ORDER

(The cases have been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 27.10.2020 for the offence punishable under Section 397 IPC, in Crime No.763 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution as per the defacto complainant who is the Supervisor of a TASMAC Shop situated at Vachanoor Village, Cheyyar Taluk, is that on 27.10.2020, the petitioner along with other accused entered into his TASMAC Shop and robbed cash of Rs.42,000/-.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case based on the confession of the co-accused. He would submit that A1 to A3 have been detained under Act 14 and as far as this petitioner is concerned, he has got no previous case against him and that the petitioner been suffering incarceration for more than 55 days from 27.10.2020. Hence, he prays for grant of bail.

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4. The learned Government Advocate (Crl. Side) would vehemently oppose stating that the petitioner along with other accused robbed Rs.42,000/- from the TASMAC Shop in which, the defacto complainant is working as a Supervisor. He would submit that there are two previous cases pending against the petitioner and the respondent police is taking steps to conduct I.D. Parade and that the investigation is pending.

5. Taking into consideration of the fact that the petitioner has got two previous cases to his credit and the respondent police is taking steps to conducted I.D. Parade and that the investigation is at the initial stage, this Court is not inclined to grant bail to the petitioner at this stage.

6. Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 23/12/2020 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 SUB INSPECTOR OF POLICE, VANDAVASI NORTH STATION, VANDAVASI, TIRUVANNAMALAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

+1 CC to M/S G.KARTHEEBAN Advocate on payment of necessary charges SR NO.8665 CRL OP.20643/2020 Date :23/12/2020 MN-04/01/2021 https://hcservices.ecourts.gov.in/hcservices/