Allowed

State Rep.by v. Arun @ Arunkumar

Madras HC22 Apr 2021CRL OP/19565/2020

Case brief

AI extract

What is this about?

The petitioner-State sought cancellation of bail granted to two accused in a cheque-bounce case. The Court found that upon release, the accused committed a brutal murder along with others. Considering the prima facie case and their history as habitual offenders, the Court cancelled the bail and ordered their remand to custody.

What did the court decide?

Bail granted earlier was cancelled and the accused were to be secured and remanded to custody.

State Rep.by Vs Arun @ Arunkumar — Cheque Dishonour | 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.19565 of 2020

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State Rep. By The Inspector of Police V-7 Nolambur Police Station Nolambur, Chennai

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Crime No.714 of 2018 ...Petitioner

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vs.
1.A.Arun @ Arunkumar
2.Siva ...Respondents

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Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to cancel the bail granted to the respondents/accused (A2 & A3) by this Court in Crl.O.P No.3659 of 2019 dated 18.02.2019.

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For Petitioner : Mr.P.Kritika Kamal.P Government Advocate (Crl. Side) For Respondents: Mr.R.Rajesh Kumar Maurya ORDER

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This petition has been filed to cancel the bail granted to the respondents(A2 &A3) by this Court in Crl.O.P No.3659 of 2019 dated 18.02.2019.

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The learned Government Advocate (Crl. Side) appearing for the state would submit that initially, the respondents/A2 & A3 were granted bail by this Court in Crl.O.P No.3659 of 2019 dated 18.02.2019 and immediately, after releasing on bail, the respondents/A2 & A3 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 respondents/A2 & A3 had violated the bail condition imposed by

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

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this Court in Crl.O.P No.3659 of 2019. Further, the respondents/(A2 & A3) are the notorious rowdies and habitual offenders and A2 is involved in another crime for the offence u/s.392 IPC in Crime No.351 of 2018 on the file of the T-4 Maduravoyal P.S and A3 is involved in another crime for the offences under Sections 147, 148, 341, 324, 307 & 506(ii) of IPC and in Crime No.202 of 2018 for the offences under Sections 341, 294(b), 324, 392 & 506(ii) IPC, pending for committal before the XVII Metropolitan Magistrate Court, Saidapet, Chennai. Hence, he prays to cancel the bail granted to the respondents/A2 & A3.

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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 respondents/A2 & A3 by this Court in Crl.O.P No.3659 of 2019 on 18.02.2019, is cancelled.

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In the result, this Criminal Original Petition is allowed. The Inspector of Police, V-7 Nolambur Police Station, Nolambur, Chennai, is directed to secure the respondents/A2 & A3 forthwith and remand them to custody. Sd/Assistant Registrar //True Copy// Sub Assistant Registrar uma To 1. The Inspector of Police V-7 Nolambur Police Station Nolambur, Chennai 2. The Public Prosecutor, High Court, Madras.

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Crl.O.P.No.19565 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. Arun @ Arunkumar

Case brief

What is this about?

What did the court decide?

State Rep.by v. Arun @ Arunkumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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