Madras High CourtCRL OP/26080/2021dismissed

Surya v. State Rep By Its

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.26080 of 2021 SURYA [ PETITIONER / ACCUSED ] Vs STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, NALLIPALAYAM POLICE STATION, NAMAKKAL DISTRICT.

CR NO.642/2021 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 12.11.2021 for the offence under Section 392 & 397 of IPC, in Crime No.642 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the de facto complainant is working as a lorry driver. On 11.11.2021 at about 3.00 p.m. when he was proceeding to Pollachi, he parked his vehicle near Mommakutti Medu, and had his lunch. At that time, four unknown persons who came in bike, at knife point, snatched a sum of Rs.14,500/- and also a cell phone from the defacto complainant. 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 charge sheet has been filed and the same has been taken on file https://hcservices.ecourts.gov.in/hcservices/

in P.R.C. No.31 of 2021 and that the petitioner has been suffering incarceration for more than 50 days from 12.11.2021. Hence, he would pray for grant of bail to the petitioner.

4.The learned government Advocate (Crl. Side) would raise strong objection stating that there are totally 4 accused in this case and the petitioner is arrayed as A2 and he robbed a sum of Rs. 12,400/- out of which, a sum of Rs.4,000/- and one cell phone has been recovered and that he has got 2 previous cases of like nature but admits that the charge sheet has been filed and the same has been taken on file in P.R.C. No.31 of 2021.

5. It is seen that the charge sheet has been filed and the same has been taken on file in P.R.C. No.31 of 2021 and that all the accused have been arrested. On seeing the nature of allegation levelled against the petitioner and his antecedents, if the petitioner is released on bail there is every possibility of him 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/- 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 INSPECTOR OF POLICE, NALLIPALAYAM POLICE STATION, NAMAKKAL DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges CRL OP.26080/2021 Date :04/01/2022 TA-10/01/2022 https://hcservices.ecourts.gov.in/hcservices/