Mubi @ Stephen @ Vinayagamurthi v. State Rep By

T.V.THAMILSELVI,J.

The petitioner, who was arrested and remanded to judicial custody on 02.11.2022 for the offences punishable under Sections 147, 148, 341, 294(b), 323, 392, 397, 336, 427 506(ii) of IPC and 25(1A) of Arms Act, in Crime No.432 of 2022 on file of the respondent police, seeks bail.

2. The case of the prosecution as per the de-facto complainant is that the accused have waylaid the him and demanded mamool at knife point and when the de-facto complainant refused to give, they forcibly taken away the cash of Rs.3500/- and a cell phone from him. When the de-facto complainant raised alarm, the accused attempted to attack him with patta kathi, fortunately, the de-facto complainant escaped. Hence the case.

3. Learned counsel for the petitioner submitted that this is the second bail application of this petitioner before this Court and this Court had earlier dismissed the bail application filed by the petitioner in Crl.O.P.No.31585 of 2022 vide order dated 22.12.2022. He further submitted that since the

petitioner has got some previous cases, he has been implicated in this case. He further stated that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner is a habitual offender against whom 11 previous cases including three cases for the offences under Section 302 IPC are pending. He also submitted that this is the second bail application of this petitioner and also stated that since the investigation is not yet completed, if the bail is granted to the petitioner, he would tamper the witnesses. Hence, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and considering the previous antecedents of the petitioner and also taking note of the fact that the investigation is at initial stage, this Court finds that that this case needs detailed investigation, therefore, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 12.01.2023 ham

T.V.THAMILSELVI,J.

ham 12.01.2023