Ppgd Sankar v. State By
A.D.JAGADISH CHANDIRA , J.
This Criminal Original Petition has been filed seeking to enlarge the petitioner on bail in the Crime No.564 of 2022 on the file of the respective respondent/Police.
2. The case of the prosecution is that the second accused is liable to pay a sum of Rs.8,25,00,000/- to the de-facto complainant. When the de-facto complainant asked to repay the said amount, the second accused had sent the rowdy elements/accused 1, 3 & 4 to threaten de-facto complainant with the pistol to evade the repayment of the said amount. Hence the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he would further submit that no such incident had happened and only in order to keep the petitioner in prison, the respondent police has foisted this case against him. Hence, he prays for grant of bail to the petitioner.
4. Per contra, the learned Government Advocate (Crl.Side) would submit that the petitioner, on behalf of the second accused, along with other accused, who are rowdy elements, threatened the de-facto complainant by showing gun in order to evade the payment Rs.8,25,00,000/- owed by the second accused. He would further submit that as far as the petitioner is concerned, he is a habitual offender involved in serious offences and there are 14 previous cases against him. He would also submit that the investigation is at initial stage. 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.
Sriperumbudur 285/2001 147, 148, 324, 448, 506(ii) IPC, 2 &3 TNPPDL Act 2.
Sriperumbudur 224/2002 307 IPC 3.
Sriperumbudur 125/2003 147, 148, 323, 307 IPC 4.
Sriperumbudur 237/2004 147, 148, 302 IPC 5.
Sriperumbudur 65/2004 147, 148, 302 IPC 6.
Sriperumbudur 34/2010 147, 148, 341, 324, 302 r/w 120(b) IPC 7.
Sriperumbudur 77/2015 147, 341, 342, 384, 506(ii) IPC 8.
Sriperumbudur 68/2019 147, 148, 448, 324, 302, 506(ii), 120(b) r/w 3(i) TNPPDL Act
S.No.
PS Crime No.
Sections 9.
C2 Sunguvarchatram 433/2022 294(b), 324, 506(ii) IPC 10.
C2 Sunguvarchatram 298/2013 147,120, 399 IPC r/w 3& 5 JESA 11.
C2 Sunguvarchatram 289/2016 302 IPC 12.
CBCID TVLR 01/2015 147, 148, 149, 120(b), 307, 302 & 201 IPC r/w 4 & 5 JESA & 25(1A) Arms Act.
13.
Kundrathru 734/2015 147, 148, 353, 307, 506(ii) IPC r/w 4 & 5 JESA & 25(1-A) Arms Act.
14.
Sriperumbudur 434/2022 294(b), 324, 506(ii) 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 14 previous cases, this Court is not inclined to grant bail to the petitioner.
7. Accordingly, this Criminal Original Petition stands dismissed.
13.09.2022 ham
A.D.JAGADISH CHANDIRA , J.
ham Crl.O.P.No.22043 of 2022 13.09.2022