Madras High CourtCRL OP/22725/2021dismissed

Honest @ Honestraj v. State Rep By

2021-11-30Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Thirtieth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.22725 of 2021 IN S.C.NO.15 OF 2020 (On the file of the III Additional Sessions Judge, Puducherry) HONEST @ HONESTRAJ [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] STATION HOUSE OFFICER(SHO), D NAGAR POLICE STATION, PUDUCHERRY.

CRIME NO. 323 OF 2020 For Petitioner : M/S.PRAKASH ADIAPADAM Advocate For Respondent : MR.BALAMURUGANE, ADDITIONAL PUBLIC PROSECUTOR (PONDICHERRY) 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 10.12.2020 for the offences under Sections 302, 120(B) r/w Section 34 of IPC, in Crime No.323 of 2020, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 03.11.2020, the petitioner along with other accused persons, due to previous enmity assaulted the de facto complainant's son using deadly weapon and murdered him. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration for about 1 year from 10.12.2020 and that the charge sheet has been filed and the same has been taken on file in S.C.No.15 of 2020 on the file of the III https://hcservices.ecourts.gov.in/hcservices/

Additional Sessions Judge, Puducherry. Hence, he would pray for grant of bail to the petitioner.

4.Mr.Balamurugane, Additional Public Prosecutor (Pondicherry) would raise strong objection stating that the petitioner has been formally arrested in this case and that the petitioner is having 5 previous cases of like nature.

5.Considering the previous contact of the petitioner, this court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original petitioner is dismissed.

-sd/- 30/11/2021 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 III ADDITIONAL SESSIONS JUDGE, PUDUCHERRY 2 THE SUPERINTENDENT, CENTRAL PRISON, KALAPET 3 THE PUBLIC PROSECUTOR PUDUCHERRY 4 STATION HOUSE OFFICER(SHO), D NAGAR POLICE STATION, PUDUCHERRY.

CC to M/S.PRAKASH ADIAPADAM Advocate on payment of necessary charges CRL OP.22725/2021 Date :30/11/2021 RVR 10/12/2021 https://hcservices.ecourts.gov.in/hcservices/