Madras High CourtCRL OP/5213/2021dismissed

Naina Mohammed v. State Rep By

2021-03-16Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Sixteenth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.5213 of 2021 NAINA MOHAMMED [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, C-3, SEVEN HILLS POLICE STATION, CHENNAI (CR.NO.9/2021) For Petitioner : M/S.B.BALAMURUGAN Advocate For Respondent : M/S.S.KARTHIKEYAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence under Sections 379 altered to 379 and 411 of IPC in crime No. 9 of 2021 on the file of respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is running a cell phone and he had bought stolen mobile phones from other accused persons. Hence, the respondent police registered the case against the petitioner.

3. The learned counsel for the petitioner would submit that the petitioner was not aware of the fact that the cell phones are stolen mobile phones. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional public prosecutor would submit that the petitioner is a habitual offender and there are three previous cases pending against the petitioner. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the fact that the petitioner is a habitual offender and there are three previous case pending against him, this Court is not inclined to grant anticipatory bail to the petitioner.

6. This Criminal Original Petition is dismissed accordingly. -sd/- 16/03/2021 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 INSPECTOR OF POLICE, C-3, SEVEN HILLS POLICE STATION, CHENNAI.

CC to M/S.B.BALAMURUGAN Advocate on payment of necessary charges CRL OP.5213/2021 Date :16/03/2021 rvr 15/04/2021 https://hcservices.ecourts.gov.in/hcservices/