Safibasha @ Sabari v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14124 of 2020 Safibasha @ Sabari S/o.Ebrahim .. Petitioner Vs.
State rep.by The Inspector of Police (Crime) R-5, Virugambakkam Police Station, Chennai.
(Crime No.504 of 2020) ..Respondent Prayer: Criminal Original Petition filed under Section 439 of Criminal Procedure Code, praying to enlarge the petitioner on bail pending investigation in Crime No.504 of 2020 on the file of the respondent police.
For Petitioners : Mr.G.Kartheeban For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
O R D E R
(The case has been heard through video conference) The petitioner who are arrested and remanded to judicial custody on 19.07.2020 for the offence punishable under Sections 392 IPC in Crime No.504 of 2020 on the file of the respondent police seeks bail.
2. The case of the prosecution as per the defacto complainant Sangeetha is that on 08.07.2020, while she was traveling in her two wheeler, two persons have snatched chain from her. Hence, the complaint.
3. The learned Counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and only after this case, he has been implicated by the respondent in various other cases. He would submit that the petitioner has been suffering incarceration from 19.07.2020. Hence, he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) would vehemently oppose stating that the petitioner is a habitual offender and he has involved in several cases of similar nature and he also furnished the list of cases as detailed below;
https://hcservices.ecourts.gov.in/hcservices/
S.No.
Crime Number Offences Cr.No.219 of 2018 Arumbakkam P.S.
379 IPC Cr.No.318 of 2018 Arumbakkam P.S.
379 IPC Cr.No.436 of 2018 K-8 Arumbakkam P.S.
379 IPC Cr.No.762 of 2018 K-5 Peravallur P.S.
341, 392 IPC Cr.No.1025 of 2018 K-9 Thirru Vi Ka Nagar P.S.
392 IPC Cr.No.349 of 2018 V-3 J.J.Nagar P.S.
392 IPC Cr.No.52 of 2018 V-4 Rajamangalam P.S.
379 IPC Cr.No.523 of 2018 K-4 Annanagar P.S.
392 IPC Cr.No.945 of 2020 V-9 J.J. Nagar P.S.
147, 148, 25(1)A, 9 (8)(1)(b) IPC Cr.No.504 of 2020 R-5, Virugambakkam P.S.
392 IPC
5. Taking into consideration the nature of offence and the fact that the petitioner has involved in nine previous cases, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
-sd/- 11/09/2020 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 SUPERINTENDENT CNTRAL PRISON, PUZHAL,CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE(CRIME), R-5,VIRUGAMPAKKAM POLICE STATION,CHENNAI.
CC to M/S.G.KARTHEEBAN Advocate on payment of necessary charges CRL OP.14124/2020 Date :11/09/2020 RD 21/09/2020 https://hcservices.ecourts.gov.in/hcservices/