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Madras High CourtCRL OP/25023/2022dismissed

Santhosh v. State Rep By

2022-10-17Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 02.09.2022, for the offences punishable under Sections 341, 332, 395 and 397 of IPC, in Crime No.328 of 2022, on the file of the respondent police, seek bail.

2. The case of the prosecution as per the defacto complainant, who is a Railway staff is that the petitioner along with the other accused in the guise of knowing the time of the train, had threatened the defacto complainant and robbed an amount of Rs.2,000/-, mobile phone and one and half sovereign of gold chain from him. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and a false complaint has been given as against the petitioner. He would also submit that there was a quarrel in the railway station and that a false complaint has been given. Therefore, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner is a habitual offender, against whom two previous cases are pending. He would also submit that the petitioner along with his friend in the guise of seeking time had robbed an amount of Rs.2,000/-, mobile phone and one and half sovereign of gold chain from the defacto complainant, who is a Railway staff. He would further submit that out of one and half sovereign, only half sovereign has been recovered. Therefore, he vehemently opposed for grant of 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 and the submission made by the learned counsel and also the fact that there are two previous cases against the petitioner and the petitioner has

been arrested only on 02.09.2022, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed for the present.

17.10.2022 rgi

A.D.JAGADISH CHANDIRA , J.

rgi 17.10.2022