Prasanth v. The State Rep By Its,
A.D.JAGADISH CHANDIRA, J.
The petitioner who apprehend arrest at the hands of the respondent police for the offences punishable under Section 397 of IPC in Crime No.192 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the de-facto complainant who is working as a salesman in the TASMAC shop is that on 04.09.2022, some persons wearing mask entered in to the shop at the time of closing of shop and decamped with an amount of Rs.5,60,510/- at knife point. Hence, the complaint.
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 based on the confession recorded from the arrested accused. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed and he prays to grant anticipatory bail to
the petitioner.
4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioner is the main person in this case. He along with the other accused by wearing mask entered into the TASMAC shop of the de-facto complainant, threatened with knife and decamped an amount of Rs.5,60,510/-. Some accused have been arrested and from them, a sum of Rs.32,000/- has been recovered and the remaining amount is still with the petitioner. Therefore, custodial interrogation of the petitioner is required for the recovery of the amount. He would further submit that the petitioner has got 1 previous case of similar nature pending in Crime No.387 of 2021 for the offence under Sections 396 & 120B of IPC. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Taking in to consideration the submissions and also the fact that the amount has to be recovered, custodial interrogation of the petitioner is very much required in this case. Hence, this Court is not
inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. 01.11.2022 mpl
A.D.JAGADISH CHANDIRA, J.
mpl 01.11.2022