Madras High CourtCRL OP/17354/2021dismissed

Sambath v. State

2021-09-20Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17354 of 2021 SAMBATH [ PETITIONER / ACCUSED ] Vs STATE [ RESPONDENT ] THE INSPECTOR OF POLICE, N2 KASIMEDU POLICE STATION, CHENNAI.

CR.NO.641 OF 2021.

For Petitioner : M/S.M.NITHIYAVEL Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who apprehends arrest for the alleged offences punishable under Sections 341, 294(b), 392, 397 and 506(ii) of IPC in Crime No.641 of 2021 seeks anticipatory bail. 2.The case of the prosecution is that while the defacto complainant went near the beach side, the petitioner along with other accused persons waylaided the defacto complainant and asked him to give money, the same was refused by him. Due to which, the petitioner along with other accused had threatened him at knife point and snatched a sum of Rs.3,000/- . Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution, Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submits that the petitioner is a history sheeter and there are seven previous pending against him, among them, two cases are 302 cases and other cases are https://hcservices.ecourts.gov.in/hcservices/

similar in nature. He further submits that the stolen amount was not yet recovered. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Considering the submissions on either side and also the fact that there are seven previous cases are pending against the petitioner and the stolen amount was not yet recovered, this court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/09/2021 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, N2 KASIMEDU POLICE STATION, CHENNAI.

2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.M.NITHIYAVEL Advocate on payment of necessary charges CRL OP.17354/2021 Date :20/09/2021 INBA 07/10/2021 https://hcservices.ecourts.gov.in/hcservices/