Allowed

State Rep by, v. Jayaseelan

Madras HC22 Apr 2021CRL OP/15648/2020

Case brief

AI extract

What is this about?

This Criminal Original petition sought cancellation of bail granted to an accused for murder. The High Court cancelled the bail citing a prima facie case of bail condition violation where the accused committed similar murders post-release and noted his history as a notorious habitual offender.

What did the court decide?

The bail granted in Crl.M.P No.766 of 2019 dated 14.02.2019 is cancelled; the respondent is directed to surrender forthwith.

State Rep by, Vs Jayaseelan — Murder and Culpable Homicide | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.04.2021

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CORAM:

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THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

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Crl.O.P.No.15648 of 2020

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State Rep. By
The Inspector of Police
V-7 Nolambur Police Station
Nolambur, Chennai
Crime No.714 of 2018 ...Petitioner
vs.
Jayaseelan ...Respondent
Prayer: Criminal Original Petition is filed under Section 439
(2) of Cr.P.C., to cancel the bail granted to the
respondent/accused(A1) by the Principal District and Sessions
Court, Tiruvallur in Crl.M.P No.766 of 2019 dated 14.02.2019.
For Petitioner : Mr.P.Kritika Kamal.P
Government Advocate (Crl. Side)
For Respondent : Mr.D.Ashok Kumar
ORDER

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This petition has been filed to cancel the bail granted to the respondent/A1 by the Principal District and Sessions Court, Tiruvallur in Crl.M.P No.766 of 2019 dated 14.02.2019.

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The learned Government Advocate (Crl. Side) would submit that initially, the respondent (A1) was granted bail by the Principal District and Sessions Court, Tiruvallur in Crl.M.P No.766 of 2019 dated 14.02.2019 and immediately, after releasing on bail, the respondent/A1 along with 7 others had committed the similar offence i.e brutally murdered one Pandian and hence, a case was registered against the respondents/A2 & A3. in Crime No.210 of 2019 for the offences under Sections 302 IPC @ 120(B), 147, 148, 341, 342, 302 r/w 149 & 109 IPC and thereby, the respondent/A1 had violated the bail condition imposed by he Principal District and Sessions Court, Tiruvallur in Crl.M.P

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https://hcservices.ecourts.gov.in/hcservices/

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No.766 of 2019 dated 14.02.2019. Further, the respondent/(A1) is the notorious rowdy and habitual offender and he is involved in another crime for the offences u/s.147, 148, 302 r/w 120(b) and 34 IPC in Crime No.213 of 2016 on the file of K-3 Aminjikarai P.S, and also for the offence under Section 392 IPC in Crime No.351 of 2018 on the file of T-4 Maduravoyal P.S, which is pending for committal before the V Metropolitan Magistrate Court, Egmore, Chennai. Hence, he prays to cancel the bail granted to the respondent/(A1).

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Considering the submissions made by the learned Government Advocate (Crl, Side), this Court is of the view that there is a prima facie case made out in this case and therefore, the bail granted to the respondent/A1 on 14.02.2019 in Crl.M.P No.766 of 2019 by the Principal District and Sessions Court, Tiruvallur, is cancelled.

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In the result, this Criminal Original Petition is allowed. The respondent/A1 is directed to surrender before the Principal District and Sessions Court, Tiruvallur, forthwith, failing which, the police shall arrest and remand him to custody.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
uma
To
1.The Principal District and Sessions Court,
Tiruvallur
2. The Inspector of Police
V-7 Nolambur Police Station
Nolambur, Chennai
3. The Public Prosecutor,
High Court, Madras.

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Crl.O.P.No.15648 of 2020

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RLD(CO) RN(22/04/2021)

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https://hcservices.ecourts.gov.in/hcservices/

State Rep by, v. Jayaseelan

Case brief

What is this about?

What did the court decide?

State Rep by, v. Jayaseelan

Case brief

What is this about?

What did the court decide?

What the court decided

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