Raja v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Sixth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21746 of 2021 RAJA [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, POLLACHI EAST POLICE STATION, COIMBATORE DISTRICT, TAMIL NADU-642 001.

(CRIME NO. 510 OF 2021) For Petitioner : M/S.R.RAJESH KUMAR Advocate For Respondent : MR.N.S.SUGANTHAN, Government 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 30.09.2021 for the offences under Sections 363, 395 and 397 of IPC, in Crime No.510 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is running a wine shop bar. A1 was the employee of the defacto complainant. Since, A1 did not look after the bar property, he was terminated by the defacto complainant. Subsequently, the defacto complainant asked A1 to show a good bar for doing business. On 29.09.2021, on the request made by A1, the defacto complainant went to Pollachi Kootur Bus Stand. At that time, A1 along with other accused kidnapped the defacto complainant and taken a sum of Rs.1,04,300/-, a cell phone and 2 grams of gold from him. Hence, the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that A2 to A5 have been granted bail and that the petitioner has been suffering incarceration for more than 55 days from 30.09.2021. Hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner is arrayed as A1 and he along with other accused kidnapped the defacto complainant and taken a sum of Rs.1,04,300/-, a cell phone and 2 grams of gold from him. He would submit that some of the accused who were granted bail are not complying with the condition of signing before the police. 5.On seeing the grave nature of offence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 26/11/2021 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 SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

2 THE INSPECTOR OF POLICE, POLLACHI EAST POLICE STATION, COIMBATORE DISTRICT, TAMIL NADU-642 001.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.RAJESH KUMAR Advocate on payment of necessary charges CRL OP.21746/2021 Date :26/11/2021 RW 03/12/2021 https://hcservices.ecourts.gov.in/hcservices/