Balachandar v. Inspector Of Police

Crl.O.P.No.18878 of 2023 G.CHANDRASEKHARAN.J., The petitioner namely Balachandar, who was arrested and remanded to judicial custody on 02.11.2022 for the offences punishable under Sections 395 read with Section 397 of IPC in Crime No.370 of 2022 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is innocent and he is falsely implicated in a case registered in Crime No. 370 of 2023 for the offences under Sections 395 read with Section 397 of IPC. Petitioner is not a named accused in the FIR. Petitioner is in Judicial Custody from 02.11.2022. Thus, he seeks bail to the petitioner.

3. In response, learned Additional Public Prosecutor submitted that, petitioner is the second accused in this case. He along with the first accused created GAY APP in the name of Grinder. Through the said APP, he send messages to the defacto complainant. When defacto complainant responded, they fixed a meeting. On 31.10.2022, defacto complainant and one Vasanth met at 08.50.p.m., behind the EB Office. 1/4

When they were talking in person, five persons surrendered them. Accused threatened them and forcibly taken jewels, cash and mobile phone from the defacto complainant under threat. He further submitted that, apart from this case, petitioner has following twelve previous cases pending against him.

S.No Crime No.

Offences 1.

Crime No.370 of 2022 395 r/w 397 of IPC (PT) 2.

Crime No. 470 of 2019 379 of IPC (PT) 3.

Crime No.457 of 2017 457, 380 of IPC ( Not taken on file) 4.

Crime No.393 of 2016 454, 457, 380 of IPC ( Not taken on file) 5.

Crime No.233 of 2016 454, 457, 380 of IPC ( Not taken on file) 6.

Crime No. 81 of 2019 392 @ 34, 392 of IPC ( PT Warrant) 7.

Crime No.41 of 2019 392 @ 34, 392 of IPC ( PT Warrant) 8.

Crime No.54 of 2019 392 of IPC (PT Warrant) 9.

Crime No.30 of 2017 302 of IPC @ 247, 148, 302, 342, 364 of IPC ( PT Warrant) 10.

Crime No..36 of 2019 392 of IPC ( Not taken on file) 11.

Crime No.373 of 2019 387, 506(ii) of IPC (PT Warrant) 12.

Crime No.82 of 2019 392 of IPC @ 34, 392 of IPC (PT Warrant)

4. Considering the nature of the offences alleged to have been 2/4

committed by the petitioner along with other accused and there are multiple previous cases pending against the petitioner and that the investigation in this case is not completed, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. 05.09.2023 Sma 3/4

G.CHANDRASEKHARAN,J.

Sma Crl.O.P.No.18878 of 2023 05.09.2023 4/4