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Madras High CourtCRL OP/23735/2022dismissed

Aravindh v. The State Rep By Its,

2022-09-29Honourable Mr Justice A.D.Jagadish Chandira6 pages

Crl.O.P.Nos.23735, 23737, 23740 & 23741 of 2022 A.D.JAGADISH CHANDIRA, J.

This criminal original petitions have been filed seeking to enlarge the petitioners on bail in respect of Crime Nos.784, 786, 749 & 785 of 2022 respectively, on the file of the respondent Police, seek bail.

2. The case of the prosecution in Crl.O.P.No.23735 of 2022 is that on 18.07.2022, the petitioners along with the other accused waylaid the de-facto complainant, who was returning home from work and by threatening him at knife point, robbed a sum of Rs.500/- and a mobile phone worth of Rs.10,000/- from him. Based on the complaint given by the de-facto complainant, the respondent police has registered a case in Crime No.784 of 2022 for the offences under Sections 395 &397 IPC.

3. The case of the prosecution in Crl.O.P.No.23737 of 2022 is that on 19.07.2022, the petitioners along with the other accused waylaid the de-facto complainant and by threatening him at knife point, robbed a

sum of Rs.6,500/- and a mobile phone worth of Rs.10,000/- from him. Based on the complaint given by the de-facto complainant, the respondent police has registered a case in Crime No.786 of 2022 for the offences under Sections 395 &397 IPC.

4. The case of the prosecution in Crl.O.P.No.23740 of 2022 is that on 10.07.2022, the petitioners along with the other accused waylaid the de-facto complainant and at knife point, robbed a sum of Rs.400/- and while the de-facto complainant trying to stop them, one of the accused caused injury on the de-facto complainant's finger. Hence the complaint. Based on the complaint given by the de-facto complainant, the respondent police has registered a case in Crime No.749 of 2022 for the offences under Sections 394 &397 IPC.

5. The case of the prosecution in Crl.O.P.No.23741 of 2022 is that on 13.07.2022, the petitioners along with the other accused waylaid the de-facto complainant and by threatening him at knife point, robbed his mobile phone worth of Rs.17,000/- and eight grams of gold chain

from him. Hence the complaint.Based on the complaint given by the defacto complainant, the respondent police has registered a case in Crime No.785 of 2022 for the offences under Sections 395 &397 IPC.

6. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and these are the cases foisted as against the petitioners. He would further submit that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. He would also submit that the petitioners are in custody from 21.07.2022. Hence, he seeks for grant of bail to the petitioner.

7. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioners are habitual offenders who are having previous cases of similar nature. Hence, he vehemently oppose to grant bail to the petitioners.

8. The previous cases as against the petitioners are tabulated hereunder:- S.No.

PS Crime No.

Sections Petitioners 1.

Palladam 786/2022 395, 397 IPC 1, 2 & 3 2.

Palladam 749/2022 394 @ 395, 397 IPC 1, 2 & 3 3.

Palladam 784/2022 395, 397 IPC 1, 2 & 3 4.

Palladam 785/2022 395, 397 IPC 1, 2 & 3 5.

Palladam 736/2022 392 @ 395, 34 IPC 1, 2 & 3 6.

Mangalam 226/2022 395, 397 IPC 1, 2 & 3 7.

Palladam 1394/2021 394, 397 IPC 8.

Mangalam 128/2022 394, 398 IPC 9.

Mangalam 132/2022 395, 397 IPC

9. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record including the previous cases pending as against the petitioners.

10. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and also considering the previous cases of similar nature

pending as against these petitioners, this Court is not inclined to grant bail to the petitioners.

11. Accordingly, these Criminal Original Petitions stand dismissed.

29.09.2022 ham

A.D.JAGADISH CHANDIRA, J.

ham Crl.O.P.Nos.23735, 23737, 23740 & 23741 of 2022 29.09.2022