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Madras High CourtCRL OP/21862/2022dismissed

Prakash @ Kulla Prakash v. State Rep By

2022-09-12Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 01.08.2022 for the alleged offences punishable under Section 341, 294(b), 392, 397, 336 & 506(2) of IPC in Crime No.266 of 2022, seeks bail.

2. The case of the prosecution is that the petitioner along with the other accused waylaid the de-facto complainant and abused him in a filthy language and by intimidating him at a knife point, robbed his mobile phone from him. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and this case has been falsely foisted against the petitioner for statistical purpose. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that the petitioner is a habitual offender and there are thirteen previous cases against him. Hence, he vehemently opposed to grant bail to the petitioner. The previous cases against the petitioner are tabulated hereunder:- S.No PS Crime No.

Sections 1.

K5 531/2018 379 IPC 2.

P1 276/2018 457, 380 IPC 3.

P1 455/2019 147, 148, 294 (b), 431, 392, 397, 506(ii) IPC 4.

P1 714/2019 392, 397 IPC 5.

Adambakkam 377/2019 394 IPC 6.

P1 1448/2021 341, 294(b), 324, 506(ii) IPC 7.

G1 1263/2020 8(C), 20(b) C(ii)(B) NDPS Act 8.

P1 1536/2021 341, 294(b), 323, 397, 506(ii) IPC 9.

P1 1539/2021 341, 294(b), 323, 397, 506(ii) IPC 10.

K7 60/2022 379 IPC 11.

G1 493/2017 379 IPC 12.

G1 1078/2017 379 IPC 13.

G1 1214/2017 379 IPC

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and taking note of the fact that the petitioner is a habitual offender and having 13 previous cases, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed.

12.09.2022 ham

A.D.JAGADISH CHANDIRA , J.

ham 12.09.2022