Sivakumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Tenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.23852 of 2021 SIVAKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, KALASAPAKKAM POLICE STATION, THIRUVANNAMALAI DISTRICT.

CRIME NO.701 OF 2021.

For Petitioner : M/S SATHIYARAJ E. Advocate For Respondent : MR.S.BALAJI, Govt. Advocate ( Crl. Side) 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 24.09.2021 for the alleged offences punishable under Section 399 of IPC in Crime No.701 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that when the respondent police conducted usual raid, the petitioners and others have confessed that they have planned to commit robbery from the public by refraining their vehicles passing in the road by using deadly weapons. Hence, the law enforcing agency registered a case against the petitioner. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He has been in jail from 24.09.2021. Hence, he prays for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate would submit that this is the second bail application filed by the petitioner and this Court has already dismissed the earlier bail application of the petitioner and there is a previous case pending as against the petitioner under Section 302 of IPC. Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the gravity of offence committed by the petitioner and the earlier bail petition was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. -sd/- 10/12/2021 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 SUB INSPECTOR OF POLICE, KALASAPAKKAM POLICE STATION, THIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

CC to M/S SATHIYARAJ E. Advocate on payment of necessary charges CRL OP.23852/2021 Date :10/12/2021 TA-30/12/2021 https://hcservices.ecourts.gov.in/hcservices/