C.Prakash v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.09.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14112, 14114 & 14115 of 2020 C.Prakash S/o.Chinna Raji ... Petitioner in all Crl.O.P's Vs.

State Represented by The Inspector of Police Karimangalam Police Station Dharmapuri District.

(Crime No.264 of 2018) ... Respondent in all Crl.O.P's (Crime No.399 of 2018) (Crime No.108 of 2018) COMMON PRAYER: Criminal Original Petitions are filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in Crime Nos. 264, 399, 108 of 2018 pending investigation on the file of the respondent police. For Petitioner in all the petitions : Mr.R.Selvakumar For Respondent in all the petitions : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

C O M M O N O R D E R (The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the offences publishable under Section 379 of IPC in Crime No.264 of 2018, under Sections 457 and 380 of IPC in Crime Nos.399 and 108 of 2018 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that in Crime No. 264 of 2018, the petitioner committed theft of cow along with A1 and in Crime No.399 of 2018 the petitioner broke the door and stole the welding machines and in Crime No.108 of 2018 the petitioner committed theft of cash from the temple Hundi.

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3. The learned counsel for the petitioner would submit that the

petitioner is an innocent person and he has been falsely implicated in these cases, based on the confession statement recorded from one A1. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner is a habitual offender and there are three previous cases pending against him. As far as the case in Crime No.264 of 2018 is concerned, cow has been recovered from A1. As far as the case in Crime No.399 of 2018 is concerned, welding machines have been recovered from A1 and the petitioner is also involved along with A1 in committing offence. As far as the case in Crime No.108 of 2018 is concerned, an amount of Rs.5,000/- has not been recovered. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Taking into account the fact that the petitioner is a habitual offender and has three previous cases to his credit, this Court is not inclined to grant bail to the petitioner.

6. These Criminal Original Petitions stand dismissed accordingly.

-sd/- 18/09/2020 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, KARIMANGALAM POLICE STATION, DHARMAPURI DISTRICT, 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. R.SELVAKUMAR Advocate on payment of necessary charges CRL OP.14112,14114 & 14115/2020 Date :18/09/2020 RD 29/09/2020 https://hcservices.ecourts.gov.in/hcservices/