Madras High CourtCRL OP/24894/2021dismissed

Prabhakaran v. The State Rep By

2021-12-20Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24894 of 2021 PRABHAKARAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KOMARALINGAM POLICE STATION, TIRUPPUR.

CRIME NO.418 OF 2021 For Petitioner : M/S.P.THINESH 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 03.11.2021 for the offences under Section 397 in Crime No.418 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 14.08.2021, the petitioner along with other accused attempted to snatch defacto complainant's chain at knife point. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and a false complaint has been lodged against the petitioner and that he has been suffering incarceration for more than 45 days from 03.11.2021. Hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would vehemently oppose stating that there are totally 4 accused in this case and the petitioner is arrayed as A2 and he has got 10 previous cases. He would further submit that A1 and A2 have been arrested, A4 has been detained under Goonds and that A3 is still absconding. https://hcservices.ecourts.gov.in/hcservices/

5. On seeing the nature of offence, antecedents of the petitioner and the fact that A3 has been absconding 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/- 20/12/2021 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, COIMBATORE.

2 THE INSPECTOR OF POLICE, KOMARALINGAM POLICE STATION, TIRUPPUR.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.P.THINESH Advocate on payment of necessary charges CRL OP.24894/2021 Date :20/12/2021 RVR 04/01/2022 https://hcservices.ecourts.gov.in/hcservices/