Madras High CourtCRL OP/24509/2021dismissed

Seenivash @ Seenu v. The State - Represented By

2021-12-16Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24509 of 2021 SEENIVASH @ SEENU [ PETITIONER / ACCUSED ] Vs THE STATE - REPRESENTED BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, SANTHAVASAL POLICE STATION, THIRUVANNAMALAI DISTRICT.

CRIME NO. 892/2021.

For Petitioner : M/S.M.KUMAR 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 petitioner who was arrested and remanded to judicial custody on 13.11.2021 for the offences under Section 399 of IPC, in Crime No.892 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 12.11.2021 at about 15.00 Hrs., when the Sub-Inspector of Police along with his police party was on their regular patrol duty, found the petitioner and others preparing to commit dacoity. 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 more than 60 days from 13.11.2021. Hence, he would pray for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) would raise strong objection stating that there are totally 5 accused involved in this case and the petitioner is arrayed as A1 and he has got 3 previous cases out of which, one case is for Section 302 IPC. He would further submit that the other accused/A2 to A5 are still absconding and that the investigation is at the initial stage and if he is released on bail, he would also abscond and tamper the evidence. 5.On seeing the antecedents of the petitioner and the fact that all the other accused are still absconding and that the investigation is at the initial stage and if he is released on bail, there is possibility of the petitioner getting abscond and tampering the evidence. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 16/12/2021 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 SUPERINTENDENT, CENTRAL PRISON, VELLORE, VELLORE DISTRICT.

2 THE SUB INSPECTOR OF POLICE, SANTHAVASAL POLICE STATION, THIRUVANNAMALAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.KUMAR Advocate on payment of necessary charges CRL OP.24509/2021 Date :16/12/2021 RW 30/12/2021 https://hcservices.ecourts.gov.in/hcservices/