Hari @ Harish @ Harishkumar v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Eighth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2933 of 2022 HARI @ HARISH @ HARISHKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY INSPECTOR OF POLICE [ RESPONDENT ] K-2, AYANAVARAM POLICE STATION, CHENNAI.

CRIME NO.668 OF 2021 For Petitioner : M/S R. MUTHUKUMAR Advocate For Respondent : Mrs.G.V.KASTHURI, Additional Public Prosecutor 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 22.11.2021 for the offences under Sections 341, 294(b), 323, 397 and 506(ii) of IPC in Crime No.668 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 22.11.2021, the petitioner along with other accused robbed a sum of Rs.2,500/- from the defacto complainant at knife point. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. However, he is ready to abide any condition imposed by this Court. He would further submit that the petitioner is in judicial custody from 22.11.2021. Therefore, the further custodial interrogation of the petitioner may not be necessary. Hence, prays for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor would raise strong objection stating that the petitioner is having 11 previous cases as detailed below;

S.No.

Crime Number Offences 1.

Crime No.110 of 2018 Sections 341, 294(b), 323, 392, 506(ii) IPC 2.

Crime No.413 of 2019 Sections 147, 148, 341, 294(b), 323, 324, 307, 506(ii) IPC 3.

Crime No.887 of 2020 Sections 341, 294(b), 323, 397, 506(ii) IPC 4.

Crime No.133 of 2021 Section 394 IPC 5.

Crime No.367 of 2021 Sections 341, 294(b), 323, 384, 506(ii) IPC 6.

Crime No.446 of 2021 Sections 147, 148, 341, 294(b), 323, 336, 427, 397, 506(ii) IPC 7.

Crime No.447 of 2021 Section 8(c) read with 20 (b)(ii)(B) NDPS 8.

Crime No.307 of 2019 G3 Police Station Section 379 IPC 9.

Crime No.414 of 2019 G2 Anna Salai Sections 392 and 506(ii) IPC 10.

Crime No.2704 of 2020 M2 Mathavaram Section 394 IPC 11.

Crime No.19 of 2021 K6 T.P.Chathram Sections 294(b), 324, 307 IPC

5. The submissions made by the learned Counsel on either side are considered.

6. Though the petitioner is in the judicial custody from 22.11.2021, for the reason that the petitioner is having 11 previous cases as mentioned above, this Court has come to the conclusion that if the petitioner is released on bail, he may commit similar offence and therefore, it may not be appropriate to allow this petition at this time. Accordingly, this Criminal Original Petition is dismissed. -sd/- 08/02/2022 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, K-2, AYANAVARAM POLICE STATION, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S R. MUTHUKUMAR Advocate on payment of necessary charges CRL OP.2933/2022 Date :08/02/2022 RW 15/02/2022