Madras High CourtCRL OP/22121/2021dismissed

Mathew Daniel v. The State Rep By

2021-11-23Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Third day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.22121 of 2021 MATHEW DANIEL [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SHOLINGHUR POLICE STATION, RANIPET DISTRICT.

(CR NO. 335/2021) For Petitioner : M/S.T.ELUMALAI Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. 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 24.09.2021 for the offences under Sections 395, 398 and 506 (ii) of IPC, in Crime No.335 of 2021, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused waylaid the defacto complainant and robbed a sum of Rs. 2,250/- and also threatened him with dire consequences. Hence, the complainant.

3.The learned counsel appearing 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 and that this is the 2nd application for bail and the earlier application was dismissed by this Court on 11.11.2021. He would further submit that the petitioner has been suffering incarceration for more than 60 days from 24.09.2021. Hence, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) raised strong objection stating the petitioner is arrayed as A1 and there are three previous cases against him and that the co-accused/A2 to A5 are still absconding.

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5. It is seen that the petitioner has got three previous cases and the co-accused are still absconding and that the investigation has not been completed, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 23/11/2021 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 INSPECTOR OF POLICE, SHOLINGHUR POLICE STATION, RANIPET DISTRICT.

2 THE SUPEINTENDENT, CENTRAL PRISON, VELLORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.T.ELUMALAI Advocate on payment of necessary charges CRL OP.22121/2021 Date :23/11/2021 CSK 29/11/2021 https://hcservices.ecourts.gov.in/hcservices/