Moorthy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.22397 of 2021 MOORTHY [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VILLUPURAM TALUK POLICE STATION, VILLUPURAM DISTRICT CRIME NO.1381 OF 2021 For Petitioner : M/S C.GANESH PANDIAN 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 13.11.2021 for the offences under Sections 294(b), 353, 506(ii), 307 IPC r/w Section 3 of the T.N.P.P.D.L Act r/w Section 7(3) T.N.L.R. Act, in Crime No.1381 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 13.11.2021 when the defacto complainant who is the Head Constable of the respondent police station along with his police party had gone for enquire with regard to case in Crime No.1308 of 2021, one Gajendran who is the Kingpin for selling illegal lotteries, abused the defacto complainant and also damaged their two wheeler and that the petitioner is the agent for selling the illegal lotteries to the public. Hence, the complaint.

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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 based on the confession of A1. He would further submit that the petitioner has been suffering incarceration for more than 10 days from 13.11.2021 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 having 14 previous cases against him and that there is a proposal for Goondas.

5.Considering the fact that the petitioner is having 14 previous cases and that there is a proposal for Goondas, this court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original petitioner is dismissed.

-sd/- 25/11/2021 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, VILLUPURAM TALUK POLICE STATION, VILLUPURAM 2 THE OFFICER INCHARGE, SUB-JAIL, GINGEE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S C.GANESH PANDIAN Advocate on payment of necessary charges CRL OP.22397/2021 Date :25/11/2021 JPA 03/12/2021 https://hcservices.ecourts.gov.in/hcservices/