The Madras High Court denied anticipatory bail to the petitioner, an accused of alleging offences under Section 399 IPC, due to the gravity of the crime and the fact that the petitioner was a history sheeter with no change of circumstances.
The request for anticipatory bail under Section 439 Cr.P.C. is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Friday, the Twelfth day of November Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice M.DHANDAPANI
CRIMINAL ORIGINAL PETITION No.21290 of 2021
IRUTHAYAMANI.K [ PETITIONER / ACCUSED ]
Vs
STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, UTHIRAMERUR POLICE STATION, KANCHIPURAM DISTRICT. CR.NO.774 OF 2021.
For Petitioner : M/S.P.VIGNESH Advocate
For Respondent : S.SUGENDRAN, Govt. Advocate ( Crl. Side)
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner who was arrested and remanded to judicial custody on 24.09.2021 for the offence under Section 399 of IPC in Cr.No.774 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner is alleged to have been preparing to commit dacoity.
3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case.
4.The learned Government Advocate (Crl. side) submitted that the petitioner is history sheeter accused and this is second bail application of the petitioner. Hence, he vehemently opposed to grant bail to the petitioner.
5.Considering the gravity of the offence committed by the petitioner and he is a history sheeter accused and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.
6.Accordingly, this criminal original petition is dismissed.
-sd/-
12/11/2021
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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.
2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI
3 THE INSPECTOR OF POLICE, UTHIRAMERUR POLICE STATION, KANCHIPURAM DISTRICT.
CC to M/S.P.VIGNESH Advocate on payment of necessary charges
CRL OP.21290/2021
Date :12/11/2021
APN 29/11/2021
1 issue framed by the court
Whether anticipatory bail should be granted to the accused who is alleged of preparing to commit dacoity and is a history sheeter.
2 provisions across 2 enactments
IRUTHAYAMANI.K
STATE REP BY THE INSPECTOR OF POLICE
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
