Madras High CourtCRL OP/8706/2019dismissed

Gowtham @ Peter v. The Inspector Of Police

2019-04-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Second day of April Two Thousand Nineteen PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.8706 of 2019 GOWTHAM @ PETER [ PETITIONER / ACCUSED ] Vs STATE REP. BY, THE INSPECTOR OF POLICE, [ RESPONDENT ] R-7 K.K.POLICE STATION, CHENNAI-600 078.

CR.NO.729 OF 2018 For Petitioner : M/S.R.SANKARASUBBU Advocate For Respondent : MR.C.RAGHAVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 394 and 506(ii) of IPC, in Crime No.729 of 2018, seeks anticipatory bail.

2. The case of the prosecution is that, the petitioner along with other accused had waylaid the defacto complainant and robbed a sum of Rs.500/- at knife point. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and did not commit any offence as alleged by the prosecution. He further submitted that the petitioner has been falsely implicated in this case by the respondent police. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) would submit that the petitioner along with the other accused robbed a sum of Rs.500/- at knife point from the defacto complainant. He further submitted the petitioner is an habitual offender. He further submitted that earlier anticipatory bail petitions were dismissed by this Court on 29.01.2019 and this is the fourth petition. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5.Taking into consideration the nature of offence committed by the petitioner and also the submission made by the learned Government Advocate (Crl.Side) that the petitioner is an habitual offender and also that there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 02/04/2019 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 INSPECTOR OF POLICE R-7 K.K.POLICE STATION, CHENNAI -600 078.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.SANKARASUBBU Advocate on payment of necessary charges CRL OP.8706/2019 Date :02/04/2019 MK:09/04/2019 https://hcservices.ecourts.gov.in/hcservices/