Madras High CourtCRL OP/26097/2021dismissed

Gunasekaran v. State Rep By

2022-01-04Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.26097 of 2021 GUNASEKARAN [ PETITIONER ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE PALLAPATTY POLICE STATION, SALEM DISTRICT.

(CRIME NO.687 OF 2021) For Petitioner : M/S.W.CAMYLES GANDHI, 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 10.11.2021 for the offence under Section 392 & 397 of IPC, in Crime No.687 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 10.11.2021, when the de facto complainant was going near the TVS burial Ground, the petitioner waylaid him and snatched Rs.750/- at the knife point. 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 this is the second application for bail and the earlier application was dismissed by this Court in Crl.O.P.No.24271 of 2021 dated 13.12.2021 and that the petitioner has been suffering incarceration https://hcservices.ecourts.gov.in/hcservices/

for about 50 days from 10.11.2021. 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 waylaid the defacto complainant and snatched Rs.750/- at the knife point out of which, a sum of Rs.250/- has been recovered and that he has got 5 previous cases.

5. On seeing the nature of offence levelled against the petitioner and the antecedents of the petitioner and if the petitioner is released on bail, there is every possibility of the petitioner getting abscond, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 04/01/2022 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE PALLAPATTY POLICE STATION, SALEM DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

CC to M/S.W.CAMYLES GANDHI, Advocate on payment of necessary charges CRL OP.26097/2021 Date :04/01/2022 TA-10/01/2022 https://hcservices.ecourts.gov.in/hcservices/