The Single Judge Bench dismissed the bail application of the petitioner, who was accused of robbery and unlawful possession of arms. The Court cited the gravity of the offence, the prior dismissal of a similar bail application, and the absence of changed circumstances as grounds for rejection.
Bail application dismissed; petitioner denied bail.
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 Tenth day of December Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice M.DHANDAPANI
CRIMINAL ORIGINAL PETITION No.23901 of 2021
PRASANTH [ PETITIONER / ACCUSED ]
Vs
STATE REP.BY THE INSPECTOR OF POLICE, PONNERI POLICE STATION, THIRUVALLUR DISTRICT. CRIME NO.549 OF 2021.
[ RESPONDENT ]
For Petitioner : P.CHANDRASEKAR Advocate
For Respondent : MR. S.BALAJI, 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 25.09.2021 for the alleged offences punishable under Section 392 of IPC and Section 25(1-A) of Arms Act in Crime No.549 of 2021, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner along with another accused waylaid the defacto complainant and robbed a sum of Rs.3,000/- from the defacto complainant's pocket at knife point and also abused him with filthy language. Hence, the complaint.
3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He has been in jail from 25.09.2021. Hence, he prays for grant of bail to the petitioner.
4.The learned Government Advocate would submit that this is the second bail application filed by the petitioner and this Court has already dismissed the earlier bail application of the petitioner and there is a previous case pending as against the petitioner which is similar in nature. Hence, he vehemently opposed for grant of bail to the petitioner.
5.Considering the gravity of offence committed by the petitioner and the earlier bail petition was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.
6.Accordingly, this criminal original petition is dismissed.
-sd/-
10/12/2021
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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
2 THE INSPECTOR OF POLICE, PONNERI POLICE STATION, THIRUVALLUR DISTRICT.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to P.CHANDRASEKAR Advocate on payment of necessary charges
CRL OP.23901/2021
Date :10/12/2021 RW 29/12/2021
3 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 CrPC given the gravity of the offence and prior dismissal of bail.
Whether the petitioner's claim of false implication warrants bail in a case involving robbery and weapons.
Whether a change in circumstances warrants granting bail after a previous bail application was dismissed.
3 provisions across 3 enactments
PRASANTH
STATE REP. BY THE INSPECTOR OF POLICE, PONNERI POLICE STATION, THIRUVALLUR DISTRICT
M. DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
