Madras High CourtCRL OP/17983/2022dismissed

Arivu @ Arivazhagan @ R.K.Arivazhagan v. State Rep By,

2022-08-05Honourable Mr Justice G.K. Ilanthiraiyan6 pages

Crl.OP.Nos.17983,17996, 18017,17992,18011, 18002,18014, 17974 and 18008 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner in Crl.OP.No.17983 of 2022, who was arrested and remanded to judicial custody on 22.03.2022 for the offences punishable under Sections 294(b), 332, 506(ii) and 307 of IPC in PRC.No.20 of 2018 on the file of the learned Judicial Magistrate No.I, Villupuram in respect of crime No.977 of 2017 on the file of the respondent police, seeks bail. The petitioner in Crl.OP.No.17996 of 2022, who was arrested and remanded to judicial custody on 22.03.2022 for the offences punishable under Section 397 of IPC in PRC.No.8 of 2015 on the file of the learned Judicial Magistrate No.I, Villupuram in respect of crime No.50 of 2014 on the file of the respondent police, seeks bail.

The petitioner in Crl.OP.No.18017 of 2022, who was arrested and remanded to judicial custody on 22.03.2022 for the offences punishable under Sections 120(B), 147, 148, 324, 302 of IPC r/w Section 149 of IPC in PRC.No.23 of 2015 on the file of the learned Judicial Magistrate No.I, Villupuram in respect of crime No.148 of 2015 on the file of the respondent police, seeks bail.

The petitioner in Crl.OP.No.18011 of 2022, who was arrested and remanded to judicial custody on 22.03.2022 for the offences punishable under Sections 294(b), 332, 307 and 506(ii) of IPC in PRC.No.15 of 2018 on the file

of the learned Judicial Magistrate No.I, Villupuram in respect of crime No.847 of 2012 on the file of the respondent police, seeks bail. The petitioner in Crl.OP.No 17992 of 2022, who was arrested and remanded to judicial custody on 22.03.2022 for the offences punishable under Sections 147, 148, 341, 109, 120B, 302 of IPC r/w 149 of IPC in PRC.No.56 of 2013 on the file of the learned Judicial Magistrate No.I, Villupuram in respect of crime No.831 of 2012 on the file of the respondent police, seeks bail. The petitioner in Crl.OP.No 18002 of 2022, who was arrested and remanded to judicial custody on 22.03.2022 for the offences punishable under Sections 147, 148, 120B, 449, 307 and 302 of IPC read with Section 149 of IPC read with Section 3(a) of Explosive Substance Act, 1908 in PRC.No.

56 of 2013 on the file of the learned Judicial Magistrate No.I, Villupuram in respect of crime No.695 of 2013 on the file of the respondent police, seeks bail. The petitioner in Crl.OP.No.18014 of 2022, who was arrested and remanded to judicial custody on 22.03.2022 for the offences punishable under Section 399 of IPC in PRC.No.21 of 2018 on the file of the learned Judicial Magistrate No.I, Villupuram in respect of crime No.43 of 2014 on the file of the respondent police, seeks bail.

The petitioner in Crl.OP.No.17974 of 2022, who was arrested and remanded to judicial custody on 22.03.2022 for the offences punishable under Sections 294(b), 323, 324, 506(ii) and 307 of IPC in PRC.No.25 of 2012 on the file of the learned Judicial Magistrate No.I, Villupuram in respect of crime

No.13 of 2012 on the file of the respondent police, seeks bail. The petitioner in Crl.OP.No.18008 of 2022, who was arrested and remanded to judicial custody on 14.03.2022 for the offences punishable under Sections 341, 352, 397 & 506(ii) of IPC in crime No.101 of 2022 on the file of the respondent police, seeks bail.

2. In respect of all the criminal original petitions except Crl.OP.No.18008 of 2022, the petitioner was arrested on 22.03.2022 by way of PT warrant. Originally the petitioner was arrested and remanded to judicial custody on 14.03.2022 in crime No.101 of 2022 on the file of Kandamangalam Police Station. In respect of Crl.OP.No.18008 of 2022, the case of the prosecution is that on 13.03.2022 at about 7.00 p.m., he waylaid the defacto complainant and robbed Rs.5,000/- and also assaulted with hands.

3. In respect of Crl.OP.No.18008 of 2022, the learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated. In respect of other criminal original petitions, he would submit that though the petitioner was detained under Goondas Act, subsequently the Government revoked the detention order in G.O.No.(Rt).No.2870 dated 18.05.2022. Hence, he seeks for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that in all the criminal original petitions except Crl.OP.No.18008 of 2022, the petitioner was arrested on PT warrant on 22.03.2022 and he is a habitual offender. In all

the cases, he was absconding and as such, NBW was issued on 09.11.2021 and on execution of NBW, he was arrested and remanded to judicial custody on 14.03.2022. Hence, he vehemently opposed to grant bail to the petitioner.

5. It is seen that the petitioner is a habitual offender and so far, he has involved in 26 cases, that too, in the nature of dacoity and robbery including one murder case. Further, he is a history sheeter rowdy in HS.No.939 of 2008. In respect to above cases, he was absconding and as such, NBW was issued on 09.11.2021 and on execution of NBW, he was arrested and remanded to judicial custody on 14.03.2022. Subsequently, in these cases, he was produced on PT warrant and shown arrest. Since the petitioner is a habitual offender, if he is let out on bail, again he will involve in similar kind of offence against the society and it is further seen that earlier this Court dismissed the petitioner's bail petitioner and there is no change in circumstances. Therefore, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, all the criminal original petitions are dismissed. 05.08.2022 Sma

G.K.ILANTHIRAIYAN, J.

Sma Crl.OP.Nos.17983,17996, 18017,17992,18011, 18002,18014,17974 and 18008 of 2022 05.08.2022