Madras High CourtCRL OP/14246/2020dismissed

M. Prakash v. State Rep By

2020-09-14Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.14246 of 2020 M.Prakash ... Petitioner Vs.

The State Represented by, The Inspector of Police, Somangalam Police Station.

Crime No.661 of 2020.

... Respondent Prayer:

Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioner on bail in the event of his arrest in Connection with the Crime No.661 of 2020 pending on the file of the respondent police.

For Petitioner : Mr.M.Arul For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 392, 397, 307, 506(2) of IPC, in Crime No.661 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that on 01.06.2020 at about 11.00 a.m., he was speaking with his friend on cell phone at that time the accused person threatened him with knife and taken away a sum of Rs.600/- and cell phone. The petitioner abused the defacto complainant with filthy language and assaulted him.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioner and therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would vehemently opposed by stating that the petitioner snatched the defacto complainant's cellphone worth of Rs.14,000/- at knife point. He would also submit that the petitioner is a habitual offender and involved in 20 cases of similar in nature which is as follows:

SL.No .

Crime No.

Offences Crime No.138/2017 380,457-IPC@ 34,380,457-IPC Crime No.197/2017 399- IPC Crime No.582/2018 394-IPC@34,394-IPC Crime No.151/2018 394,397IPC@34,341,392,397,414-IPC Crime No.427/2017 379 IPC Crime No.449/2019 399- IPC Crime No.1280/2016 379- IPC@392- IPC Crime No.1859/2017 379- IPC Crime No.549/2019 75-TNCP ACT Crime No.1231/2016 379- IPC34,392- IPC Crime No.1587/2016 392- IPC@34,392- IPC Crime No.901/2016 294(b),324,506(2)- IPC@147,148,294(B), 323,324,341,506(2)- IPC Crime No.1884/2017 380- IPC@380,451- IPC Crime No.1061/2016 379- IPC Crime No.528/2016 379- IPC Crime No.544/2016 392- IPC Crime No.567/2016 294(B),336,341,397,427506(2)- IPC@ 294(B),336,341,397,506(2)- IPC Crime No.817/2016 379- IPC Crime No.837/2016 379- IPC Crime No.680/2020 294(b),323,324,307,506(2) of IPC

5. Considering the above facts and circumstances of the case and also considering the bad antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Hence, this Criminal Original Petition is dismissed. -sd/- 14/09/2020 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 JUDICIAL MAGISTRATE, SRIPERUMBATHUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, SOMANGALAM POLICE STATION.

CC to M/S. M. ARUL Advocate on payment of necessary charges CRL OP.14246/2020 Date :14/09/2020 MK:28/09/2020