Madras High CourtCRL OP/21412/2021dismissed

Nagaraj v. State Rep By

2021-11-16Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Sixteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.21412 of 2021 NAGARAJ [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SULUR POLICE STATION, COIMBATORE DISTRICT.

(CRIME NO.990/2021) For Petitioner : M/S N.PONRAJ Advocate For Respondent : M/S.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) 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 23.10.2021 for the offence under Sections 399 of IPC, in Crime No.990 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on the date of occurrence, the defacto complainant went out to attend nature's call in the early morning. At that time, some known persons were assembled in the place of defacto complainant and planning to commit decoity with deadly weapons. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case and he has been suffering incarceration for more than 20 days from 23.10.2021. Hence, he would pray for grant of bail to the petitioner.

4. The learned Government Advocate would strongly object stating there are totally 8 accused in this case. A1 to A6 have been arrested and the petitioner is arrayed as A5 and that A7 and A8 are still absconding. He would further submit that investigation has not been completed and the petitioner is having three previous cases. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the antecedents of the petitioner and the fact that some of the accused are still absconding and the investigation has not been completed, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 16/11/2021 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 INSPECTOR OF POLICE, SULUR POLICE STATION, COIMBATORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL JAIL, COIMBATORE +1 CC to M/S N.PONRAJ Advocate on payment of necessary charges SR.NO.12884 CRL OP.21412/2021 Date :16/11/2021 TA-23/11/2021 https://hcservices.ecourts.gov.in/hcservices/