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Madras High CourtCRL OP/9502/2023dismissed

Munnir v. The State Rep By Its,

2023-05-04Honourable Mr Justice G.K. Ilanthiraiyan4 pages

G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 18.03.2023 for the alleged offence under Section 341, 294(b), 395, 397, 364, 384, 506(ii) of I.P.C. in Crime No.03 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with 5 other accused wrongfully restrained the defacto complainant and robbed a sum of Rs.20,000/- and by extortion, they have forcibly taken the vehicle value of Rs.2,50,000/- and a mobile phone worth about Rs.25,000/-. Further, they have also threatened him with dire consequences. Hence, the present complaint was registered against the petitioner.

3. The learned counsel for the petitioner submitted that he is an innocent person and he has not committed any offence as alleged by the prosecution. He would also submit that since because he is a friend of other accused, this petitioner name was included in the F.I.R. and the present

false complaint was registered only for statistical purpose. Hence, he prayed to grant bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for respondent would submit that totally, there are six accused in this case and the petitioner is arrayed as A5. There are 11 previous cases similar in nature pending against him. He would submit that all the accused persons wrongfully restrained the defacto complainant and robbed a sum of Rs.20,000/- and also taken his vehicle as well as his mobile phone worth about Rs.25,000/-. Hence, he vehemently opposed to grant bail to the petitioner.

5. It is seen that there are six accused, in which the petitioner is arrayed as A5 and there are 11 previous cases pending against him. On the date of occurrence, all the accused persons have wrongfully restrained defacto complainant and robbed a sum of Rs.20,000/- and also taken petitioner's vehicle value of Rs.2,25,000/- as well as his mobile phone worth about Rs.25,000/-, thereby the petitioner has committed a serious

offence. Considering the facts and circumstances of the case and the submissions made by both counsel and on considering the gravity of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 04.05.2023 rpp

G.K.ILANTHIRAIYAN, J.

rpp 04.05.2023