Madras High CourtCRL OP/20662/2021dismissed

Ganapathy v. State Rep By

2021-11-08Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Eighth day of November Two Thousand Twenty One PRESENT THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.20662 of 2021 GANAPATHY [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ORAGADAM POLICE STATION, KANCHEEPURAM DISTRICT.

(CRIME NO.572 OF 2021) For Petitioner : M/S.R.SASIKUMAR Advocate For Respondent : MR. A.GOKULAKRISHNAN, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 13.09.2021 for the offence under Section 394 IPC altered into Sections 341, 294(b), 307, 397 and 506(ii) IPC in Crime No.572 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 08.09.2021, the petitioner along with other accused waylaid the defacto complainant, abused and assaulted him and also robbed cash of Rs.14,600/- and a cell phone from him at knife point. Hence, the complaint. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case for statistical purpose and that the petitioner has been suffering incarceration for more than 55 days from 13.09.2021. Hence, he would pray for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would strongly object stating that the petitioner is a habitual offender and he has got five previous cases against him and that proceedings have been initiated to detain the petitioner under Goondas.

5. Considering the grave nature of offence and also of the fact that the petitioner is a habitual offender and has got five previous cases against him, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 08/11/2021 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 OFFICER INCHARGE, SUB JAIL, KANCHIPURAM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, ORAGADAM POLICE STATION, KANCHEEPURAM DISTRICT.

CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges CRL OP.20662/2021 Date :08/11/2021 RW 10/11/2021 https://hcservices.ecourts.gov.in/hcservices/