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Madras High CourtCRL OP/3283/2023dismissed

Baskar @ Vijayabaskar v. The State Rep By Its,

2023-02-21Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 24.11.2021 for the offences punishable under Sections 392, 397 of IPC in S.C.No.74 of 2021 in connection with Crime No.523 of 2020, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner waylaid the defacto complainant and at knife point robbed a sum of Rs.1,000/-. Hence the case.

3.Learned counsel for the petitioner submitted that this is the second petition for bail and the earlier petition was dismissed by this Court on the ground that there are 31 previous cases pending against him. He further submitted that even after filing of the final report in the year 2021, the trial is still in progress. He further submitted that the petitioner is prepared to comply with any stringent condition that may be imposed

by this Court and he is in judicial custody from 24.11.2021. Hence, he prayed to grant bail to the petitioner.

4.Learned Government Advocate (Crl.Side) for the respondent submitted that the petitioner is an habitual offender and there are 17 previous cases pending him, out of which, 14 cases are still pending for trial. He further submitted that if the petitioner is released on bail, he would tamper the witness and hamper the investigation. 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 materials available on record.

6.Considering the facts and circumstances of the case and the submissions made by both counsel and also considering the gravity of the offence committed by the petitioner and the previous bad antecedent of the petitioner and there is no change in circumstances of the case, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. 21.02.2023 vkr

T.V.THAMILSELVI, J.

vkr 21.02.2023