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Madras High CourtCRL OP/22542/2021dismissed

Selvam @ Vijaya Selvam @ Suriya v. State Rep By

2021-11-29Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Ninth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.22542 of 2021 SELVAM @ VIJAYA SELVAM @ SURIYA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, METTUPALAYAM POLICE STATION, COIMBATORE DISTRICT.

CRIME NO.428 OF 2006.

For Petitioner : M/S.V.DEVENDHIRAN 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 petitioner, who was arrested and remanded to judicial custody on 22.03.2021 for the alleged offences punishable under Section 394 r/w 397 of IPC in P.R.C.No.15 of 2008 pending trial before the learned Judicial Magistrate, Mettupalayam in Crime No.428 of 2006 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that when the case is pending at trial stage, the petitioner did not appear before the trial Court for hearings. Hence, the trial Court had issued NBW against the petitioner. Further the petitioner was arrested on 22.03.2021 and remanded to judicial custody.

3.The learned counsel appearing for the petitioner submits that the petitioner is now ready to appear before the trial Court and to abide by any stringent conditions imposed by this Court. He further submitted that the three previous cases which were pending against the petitioner ended in acquittal. Hence, he prays for grant of bail to the petitioner.

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4.The learned Government Advocate submits that there are seven previous cases pending against the petitioner and he is an habitual offender. Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the facts and circumstances of the case and also the fact that there are seven previous cases pending against the petitioner and since 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/- 29/11/2021 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 JUDICIAL MAGISTRATE, METTUPALAYAM, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, METTUPALAYAM POLICE STATION, COIMBATORE DISTRICT.

CC to M/S.V.DEVENDHIRAN Advocate on payment of necessary charges CRL OP.22542/2021 Date :29/11/2021 TA-06/12/2021 https://hcservices.ecourts.gov.in/hcservices/