← Library
Madras High CourtCRL OP/21845/2021dismissed

K.Ganesan @ Revan v. State Rep By Its

2021-11-26Honourable Mrs Justice T.V.Thamilselvi2 pages

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.21845 of 2021 K.GANESAN @ REVAN [ PETITIONER / ACCUSED ] Vs STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, SANKARI POLICE STATION, SALEM DISTRICT.

CRIME NO.286 OF 2018.

For Petitioner : M/S.K.MUNUSAMY 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 13.09.2021 for the offences under Sections 342, 392 IPC altered into Sections 342 and 395 IPC, in Crime No.286 of 2018, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 16.08.2018 at about 3 a.m., when the defacto complainant was coming on the Salem to Coimbatore National Highway in a lorry bearing Regn.No.TN 52 H 3282 with glass load, he stopped the lorry near Sankari AST Petrol Bunk to attend nature's call. At that time, the petitioner along with three other accused took him to a secluded place and attacked him and at knife point snatched a cell phone and cash of Rs.57,000/- from him. Hence, the complaint.

https://hcservices.ecourts.gov.in/hcservices/

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 the petitioner has been suffering incarceration for 75 days from 13.09.2021 and 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 a habitual offender and he has got 20 previous cases all over Tamil Nadu. 5.On seeing the nature of allegation levelled against the petitioner and the fact that the petitioner is a habitual offender and he has got 20 previous cases all over Tamil Nadu, 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, TRICHIRAPPALLI.

2 THE INSPECTOR OF POLICE, SANKARI POLICE STATION, SALEM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.MUNUSAMY Advocate on payment of necessary charges CRL OP.21845/2021 Date :26/11/2021 RW 09/12/2021 https://hcservices.ecourts.gov.in/hcservices/