Prabaharan v. State Rpe By The Inspector Of Police

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 21.02.2023, for the alleged offences punishable under Section 392 of IPC in Crime No.40 of 2023, seeks bail.

2. The case of the prosecution as per the de-facto complainant, is that while she was walking near Sarabanga River bridge, the accused, who came in a two wheeler, had snatched her 6 sovereigns of gold chain, worth about Rs.1,20,000/-. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, since he has got some previous cases. He further submitted that even as per the prosecution, the alleged offence is stated to have been taken place on 14.01.2023, whereas, the complaint has been lodged belatedly on 18.01.2023. He also submitted that in order to keep the

petitioner under fetters, the respondent had implicated him in this case. He further submitted that the petitioner is in custody from 21.02.2023 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner along with other accused have snatched 6 sovereigns of gold chain, worth about Rs.1,20,000/- from the de-facto complainant, aged about 82 years. He also submitted that six previous are pending against the petitioner, out of which, five are of similar in nature. He further submitted that investigation in this case is still pending. Therefore, he vehemently opposed for grant of 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. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on both sides and also taking note of the fact that 6 previous cases are pending as against the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed for the present.

11.04.2023 ham

A.D.JAGADISH CHANDIRA , J.

ham 11.04.2023