Bharath@Bharath Kumar v. State Of Tamil Nadu

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 25.08.2022, for the offences punishable under Sections 399 & 402 of IPC, in Crime No.502 of 2022, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner along with the other accused was found to be making preparation for committing robbery. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is similarly placed as that of the other accused in this case, who has been granted bail by this Court in Crl.O.P.No.24788 of 2022, dated 13.10.2022. Therefore, he prays for grant of bail to the petitioner on the ground of parity.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner cannot be treated as similarly placed to that of the other accused, who has been granted bail. He would also submit that as far as the other accused is concerned, he has got only 6 previous cases and as far as this petitioner is concerned, he has got 14 previous cases as against him and out of which, one is registered for the offence under Section 302 of IPC. He would further submit that the petitioner is a History Sheeted rowdy in H.S.No.136 of 2021 in 'B' category. Therefore, he vehemently opposed to grant bail to the petitioner.

5. Heard both the learned Counsel and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, the submission made by the learned counsel and also the fact that the petitioner has got 14 previous cases and he is also a History Sheeter in 'B'

category, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 14.10.2022 rgi A.D.JAGADISH CHANDIRA , J.

rgi 14.10.2022