Abdul Akkim v. The Inspector Of Police

A.D.JAGADISH CHANDIRA , J.

The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Section 394 of IPC in Crime No.5 of 2022, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant/ Saravanan is that he is working as Manager of Leelavathi Garden and managed the said garden and forty houses. Rakul, Rajan, Sandeep and Azar are residing in one of the houses. While being so, on 01.01.2022 at about 02.00 a.m., some unknown persons knocked the door, Rakul woke up and opened the door. The said persons snatched the mobile phone of the said Rakul at knife point and also caused injury to him. Hence the complaint. 3.The learned counsel for the petitioner submitted that this is the second application for anticipatory bail filed by the petitioner and the earlier application in Crl.O.P.No.12649 of 2023 was dismissed by this Court in respect of the petitioner on 12.06.2023 on the ground that the petitioner has

got five previous cases of similar nature. He further submitted that the coaccused in this case has been granted anticipatory bail on the same day i.e., 12.06.2023. Hence, he seeks for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate appearing for the respondent Police submitted that the petitioner along with other accused are working in the garden belonging to rival parties and they have waylaid the servant, who is from Uttar Pradesh and snatched away his cell phone. He further submitted that the petitioner is a habitual offender, against whom, five previous cases are pending. He further submitted that this Court taking into consideration the previous antecedents of the petitioner, had dismissed the earlier application for anticipatory bail. He also submitted that the petitioner is a person who has caused grievous injuries to the victim and there is no change in circumstances of the case. Hence, he prayed for dismissal of the petition.

5. Heard the learned counsel on either side and perused the entire materials available on record.

6.This Court taking into consideration the previous antecedents of the petitioner, had dismissed the earlier anticipatory bail application and also of the fact that the petitioner is a person, who has caused injuries to the victim and there is no change in circumstances of the case, this Court is no inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 26.07.2023 vkr A.D.JAGADISH CHANDIRA , J.

vkr 26.07.2023