Sakthivel v. The State Rep By Its,

Crl.O.P.No.6323 of 2023 A.D.JAGADISH CHANDIRA , J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b) and 394 of IPC in Crime No.314 of 2022, seeks anticipatory bail.

2. The case of the prosecution as per the de facto complainant A.Elangovan is that on 23.07.2022 at about 10.30 p.m, the petitioner along with other three accused waylaid the de facto complainant, threatened him and assaulted him and demanded a sum of Rs.1,000/- from the de facto complainant. Later, the de facto complainant with the help of CISF police, has chased the petitioner/accused and one person was arrested and the other three accused had escaped from the scene of occurrence. Hence the case.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case based on the Confession Statement recorded from the arrested accused. Hence, he prays for grant of anticipatory bail to the petitioner.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent police would submit that it is the offence serious in nature, where, the petitioner along with other accused had waylaid the de facto complainant, assaulted him and robbed an amount of Rs.1,000/- from the de facto complainant. He would further submit that this Court dismissed the petitioner's earlier anticipatory bail petition in Crl.O.P.No.19834 of 2022 dated 23.08.2022. He would further submit that the petitioner is a habitual offender, against him, there are eight previous cases similar in nature and there is no change in circumstances. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the gravity of the offence committed by the petitioner which is serious and heinous and further this is the second bail petition filed by the petitioner and there is no change in circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original petition is dismissed. 20.03.2023 arb

A.D.JAGADISH CHANDIRA , J.

arb 20.03.2023