S.Mohan v. Iop, Chennai

Crl.OP.No.23055 of 2022 Crl.O.P.No.23055 of 2022 A.D.JAGADISH CHANDIRA, J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 353 and 506(2) of IPC read with Section 3(1) and 5 of TNPPDL Act, in Crime No.432 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the de-facto complainant Mohanraj, Conductor of the MTC Bus is that the accused had traveled on foot board in the bus and when it was questioned by him, the petitioner along with his friends had intimidated, assaulted the de-facto complainant and also caused damages to the bus by throwing stones. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the co-accused has been arrested and enlarged on bail and there is no previous case pending as against the petitioner. Hence he prays to grant anticipatory bail to the petitioner. https://www.mhc.tn.gov.in/judis

Crl.OP.No.23055 of 2022 A.D.JAGADISH CHANDIRA, J.

mpl

4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioner along with his friends have assaulted the Conductor of the MTC Bus and also broken one windshield of the Bus. He would further submit that there are two previous cases pending as against the petitioner and hence he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the allegations and also the fact that the petitioner is an habitual offender, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 10.10.2022 mpl Crl.O.P.No.23055 of 2022 https://www.mhc.tn.gov.in/judis