Madras High CourtCRL OP/22770/2021dismissed

Nawas Mohamed v. The 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.22770 of 2021 NAWAS MOHAMED [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PERAMBALUR POLICE STATION, PERAMBALUR DISTRICT.

CRIME NO.1372/2021 For Petitioner : M/S.D.ARUN 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 24.10.2021 for the offences under Sections 25(1A) of the Arms Act, 1959, in Crime No.1372 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 06.10.2021, when the respondent police were on their regular patrol duty at perambalur Combined Court Complex, A1 was found to be in possession of Knife in his hip. On enquiry, it was found that on the instruction of the petitioner/A2 to give him protection, A1 was carrying the knife. 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 about 30 days from 24.10.2021 and hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would raise objection stating that the petitioner who is arrayed as A2 is having one previous case for the offence under Section 302 IPC and that the investigation has not been completed.

5.Considering the fact that the petitioner has got one previous case for the offence under Section 302 IPC and that the investigation has not been completed, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition 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 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

2 THE INSPECTOR OF POLICE, PERAMBALUR POLICE STATION, PERAMBALUR DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.D.ARUN Advocate on payment of necessary charges CRL OP.22770/2021 Date :30/11/2021 RW 09/12/2021 https://hcservices.ecourts.gov.in/hcservices/