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Madras High CourtCRL OP/6608/2021dismissed

Gowtham v. State Rep By

2021-04-23Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.04.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.Nos.6608, 6615 & 6622 of 2021 S.Gowtham ... Petitioner in all Crl.O.P.s Vs.

State rep. by Inspector of Police, N-8 Sathangadu Police Station, Chennai.

... Respondent in all Crl.O.P.s PRAYER in Crl.O.P.No. 6608 of 2021 : Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in Cr.No.2289 of 2020 on the file of the respondent Police.

PRAYER in Crl.O.P.No. 6615 of 2021 : Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in Cr.No.2290 of 2020 on the file of the respondent Police.

PRAYER in Crl.O.P.No. 6622 of 2021 : Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in Cr.No.2288 of 2020 on the file of the respondent Police.

For Petitioner : M/s.M.Surekha in all Crl.O.P.s For Respondent : Mr.Charles Premkumar, in all Crl.O.P.s Govt. Advocate (Crl. Side) C O M M O N O R D E R (The case has been heard through video conference) The petitioner apprehends arrest at the hands of respondent police for the offence punishable under Sections 392, 294(B), 397, 506(ii) and 380 of I.P.C. respectively, in connection with Crime Nos.2289, 2290 and 2288 of 2020 filed these petitions and this is the second petitions seeking for anticipatory bail filed by the petitioner.

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2. The case of prosecution is that when the defacto complainant supplying water cane, the petitioner along with three others robbed his mobile phone, stolen money and ATM card in knife point on various occasions. Hence, the complaints have been registered against the petitioner.

3. Earlier, this Court passed on order in Crl.O.P.No.20058 of 2020 dated 06.01.2021, Crl. O.P. No.20187 dated 25.01.2021 and in Crl.O.P.No. 20209 of 2020 dated 25.01.2021 dismissing the petitions on the ground that the petitioner is an habitual offender and there are five previous cases pending against the petitioner.

4. The learned counsel appearing for petitioner would submit that the co-accused were arrested and they were released on bail. Hence, he prayed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the fact that the petitioner is an habitual offender, there are five previous cases similar in nature pending against the petitioner and also considering the fact that there is no change of circumstances to grant anticipatory bail to the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, these Criminal Original Petitions are dismissed.

-sd/- 23/04/2021 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 JUDICIAL MAGISTRATE, THIRUVOTTIYUR, CHENNAI.

2 THE INSPECTOR OF POLICE, N-8 SATHANGADU POLICE STATION CHENNAI.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S M.SUREKHA Advocate on payment of necessary charges CRL.OP.NOS.6608, 6615 & 6622 OF 2021 Date :23/04/2021 MK:28/06/2021 https://hcservices.ecourts.gov.in/hcservices/