Sheck Abdullah v. The State Rep By Its,

A.D.JAGADISH CHANDIRA , J.

The petitioners, who were arrested and remanded to judicial custody on 02.08.2022, for the offences punishable under Sections 294(b), 323 and 307 of IPC, on the file of the respondent police, seek bail.

2. The case of the prosecution is that due to previous enemity, the petitioners waylaid the defacto complainant on 01.08.2022 and abused him in filthy language and assaulted him and his friend with knife, resulting in them sustaining grievous injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that due to previous enmity, a false complaint has been given as against them. Therefore, he prays for grant of bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioners are History Sheeted rowdies and as far as the 1st petitioner is concerned, he has got 9 previous cases of similar nature and in respect of the 2nd petitioner, there are 15 cases of similar nature as against him. He would also submit that the petitioners as retaliation, have given a complaint against the defacto complainant stating that he assaulted them and caused injuries. Therefore, he vehemently opposed to grant bail to the petitioners.

5. The previous case details as against the 1st petitioner is listed hereunder:- Sl.No Crime No.

Offences 58/2014 302 of IPC @ 147, 148, 294(b), 323, 342, 352, 302 r/w 34 of IPC 175/2014 20(b)(ii)(A) of NDPS Act 162/2015 110 of Cr.P.C 164/2018 109 of Cr.P.C 166/2019 151 of Cr.P.C. r/w 7(i)(a) of CLA Act 1188/2020 12 of TNG Act 161/2012 457, 380 of IPC 58/2016 457, 380 of IPC 42/2017 8(C) r/w 20(b)(II)(B) of NDPS Act

6. The previous case details as against the 2nd petitioner is listed hereunder:- Sl.No Crime No.

Offences 161/2012 457, 380 of IPC 58/2014 302 of IPC @ 147, 148, 294(b), 323, 342, 352, 302 r/w 34 of IPC 144/2014 41(2) of Cr.P.C.

304/2016 392, 397 of IPC 170/2015 8(C) r/w 20(b)(II)(B) of NDPS Act 240/2015 8(C) r/w 20(b)(II)(B) of NDPS Act 296/2017 294(b), 324, 506(ii) of IPC 101/2021 294(b), 323, 427, 506(ii) of IPC 166/2019 341, 294(b), 307 (ii) of IPC 168/2014 147, 148, 302, 342, 364 of IPC 201/2016 109 of Cr.P.C 299/2016 294(b), 307, 323 of IPC 184/2018 294(b), 324, 506(ii) of IPC 1188/2018 12 of TNG Act 1209/2020 392, 397, 506(ii) of IPC

7. Heard both the learned counsel and perused the materials available on record.

A.D.JAGADISH CHANDIRA , J.

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8. Taking into consideration the facts and circumstances of the case, the submission made by the learned counsel and also the fact that the petitioners are habitual offenders and they have several previous cases of similar nature as against them, this Court is not inclined to grant bail to the petitioners.

9. Accordingly, this Criminal Original Petition stands dismissed. 29.09.2022 rgi