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Madras High CourtCRL OP/9970/2023dismissed

M.Boopathi@Prabhakaran v. State Rep By

2023-05-04Honourable Mr Justice G.K. Ilanthiraiyan3 pages

Crl.O.P.No. 9970 of 2023 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 07.04.2023 at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 & 379 of IPC altered into under Section 392 r/w 397 of IPC in Crime No. 182 of 2023, seeks bail.

2. The case of the prosecution is that on 07.04.2023, the petitioner along with two other accused had assaulted the defacto complainant and robbed 6 1⁄2 sovereign gold chain and escaped from the place. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready and abide by any stringent condition that may be imposed on him. Hence, he prays to grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that there are totally two accused, in which, the petitioner is arrayed as A1. Due to

previous enmity, the petitioner robbed 6 1⁄2 sovereign gold chain from the defacto complainant. He further submitted that the petitioner is having 25 previous cases similar in nature. Hence, he vehemently opposed to grant bail to the petitioner.

5. It is seen that there are two accused, in which, the petitioner is arrayed as A1. He had 25 previous cases and all are similar in nature. The petitioner was arrested only on 07.04.2023, even till now, no recovery has been made.

6. Considering the above fact and circumstances of the case and the gravity of the offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 04.05.2023 Lpp

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No. 9970 of 2023 04.05.2023