Madras High CourtCRL OP/22405/2021dismissed

Prabhu v. State Rep By

2021-12-01Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.22405 of 2021 1 PRABHU [ PETITIONERS / ACCUSED ] 2 ANAND @ ELI ANAND 3 PARTHIBAN Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, V3 JJ NAGAR POLICE STATION, MOGAPPAIR EAST, CHENNAI - 37.

( CRIME NO. 945/2020) For Petitioner : M/S.M.MOHAMED SAIFULLA Advocate For Respondent : MR. S.BALAJI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 06.08.2021 for the offences under Sections 147, 148 of IPC, Section 25(1-A) of Arms Act and Section 9(B)(1)(b) of Indian Explosives Act 1884 in Crime No.945 of 2020 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the petitioners were implicated for the aforesaid offences and subsequently, they were enlarged on bail and since they did not comply with the conditions imposed on them, PT Warrant was issued and they were secured on 06.08.2021.

3.The learned counsel appearing for the petitioners submitted that the petitioners were enlarged on bail. However, due to pandemic situation they were not able to furnish the sureties, which is neither wilful nor wanton. Hence, PT Warrant was issued against the petitioners. Hence, he prays for grant of bail to the petitioners. 4.The learned Government Advocate would submit that this is the second bail application filed by the petitioners and this Court has https://hcservices.ecourts.gov.in/hcservices/

already dismissed the earlier bail application of the petitioners on the ground that there are two previous cases of similar nature pending against first and second petitioners/A3 and A5 and there are three previous cases of similar nature pending against the third petitioner/A4. Hence, he vehemently opposed for grant of bail to the petitioners.

5.Considering the fact that the earlier bail application filed by the petitioners was dismissed by this Court on the ground that there are two previous cases of similar nature pending against first and second petitioners/A3 and A5 and there are three previous cases of similar nature pending against the third petitioner/A4 and since there is no change of circumstances, this Court is not inclined to grant bail to the petitioners.

6.Accordingly, this criminal original petition is dismissed. -sd/- 01/12/2021 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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, V3 JJ NAGAR POLICE STATION, MOGAPPAIR EAST, CHENNAI - 37.

CC to M/S.M.MOHAMED SAIFULLA Advocate on payment of necessary charges CRL OP.22405/2021 Date :01/12/2021 RVR 13/12/2021 https://hcservices.ecourts.gov.in/hcservices/