Madras High CourtCRL OP/22127/2021dismissed

G.Sathyaraj v. The State Rep By

2021-11-24Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.22127 of 2021 G.SATHYARAJ [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, C-4, SOMANAGALAM POLICE STATION, KANCHIPURAM DISTRICT.

CR NO.549/2021.

For Petitioner : M/S. G.M.SYED FASI MOHAMMED 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 on 25.09.2021 and remanded to judicial custody for the offences punishable under Sections 294(b), 323, 392, 307 and 506(ii) of IPC 1860 in Cr.No.549 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner demanded rowdy momool from the defacto complainant and as he has not hand over the amount, the petitioner had assaulted him with hands, that the petitioner had demanded Rs.1,00,000/- as mamool, failing which he will kill him, that subsequently this petitioner had attempted to assault him by using knife focusing on his head and as he moved away he has not sustained any injury, that the petitioner had robbed a sum of Rs.700/- from the pocket of the defacto complainant and intimidated him as to cause his death if the demanded amount of Rs.1,00,000/- was not paid. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He https://hcservices.ecourts.gov.in/hcservices/

further submits that the petitioner has been in jail from 25.09.2021. Hence, he prays for grant of bail to the petitioner. 4.The learned Government Advocate (Crl.Side) submitted that there are two previous cases pending against the petitioner. He further submits that earlier, this Court had dismissed the bail petition in Crl.O.P.No.19979 of 2021 on 27.10.2021 filed by the petitioner and this is the second bail petition filed by him. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Considering the gravity of offence committed by the petitioner and considering the earlier bail petition was dismissed by this Court and 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/- 24/11/2021 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 SUB INSPECTOR OF POLICE, C-4, SOMANAGALAM POLICE STATION, KANCHIPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE OFFICER INCHARGE SUB PRISON, CHENGALPATTU.

+1 CC to M/S. G.M.SYED FASI MOHAMMED Advocate on payment of necessary charges SR.NO.13574 CRL OP.22127/2021 Date :24/11/2021 TA-06/12/2021 https://hcservices.ecourts.gov.in/hcservices/