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Madras High CourtCRL OP/22102/2022dismissed

Tamilselvan v. The State Rep By,

2022-09-14Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA , J.

This Criminal Original Petition has been filed seeking to enlarge the petitioner on bail in the Crime No.340 of 2022 on the file of the respondent/Police.

2. The case of the prosecution is that on 01.05.2022, the petitioner along with the other accused waylaid the de-facto complainant and abused him in a filthy language and assaulted him with aruval and wooden logs, causing injuries and also intimidated him to give money. Hence the complaint.

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

4. Per contra, the learned Government Advocate (Crl.Side) would submit that the petitioner is a habitual offender and there are 13 previous cases against him. He would further submit that as far as this case is concerned, the petitioner along with the other accused waylaid the de-facto complainant and abused him in a filthy language and assaulted him with weapons and threatened him to give money. 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.

Perambalur 348/2018 147, 148, 294(b),323, 324, 506(ii), 307 IPC 2.

Perambalur 20/2018 387, 506(ii) IPC, 3 PPDL Act 3.

Perambalur 943/2017 387, 506(ii)IPC @ 397, 506(ii) IPC 4.

Perambalur 89/2019 429 IPC 5.

Perambalur 445/2019 394, 397 IPC 6.

Perambalur 446/2019 147, 148, 294(b),363, 387, 506(ii) IPC 7.

Perambalur 447/2019 294(b), 506(ii) IPC 8.

Perambalur 448/2019 294(b), 307, 506(ii) IPC 9.

Perambalur 449/2019 294(b), 506(ii) IPC r/w 3(i) PPDL Act

S.No .

PS Crime No.

Sections 10.

Perambalur 1826/2020 341, 294(b), 387, 506(ii) IPC , 4 TNPHW ACt 11.

Perambalur 297/2021 147, 294(b), 323, 506(ii) IPC 12.

Perambalur 1372/2021 25(1-A) Arms Act.

13.

Arumbavur 831/2020 399 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 also 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 for the present.

14.09.2022 ham

A.D.JAGADISH CHANDIRA , J.

ham 14.09.2022