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Madras High CourtCRL OP/27235/2022dismissed

Pichumani @ Manikandan v. Inspector Of Police

2022-11-09Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 30.08.2022, for the offences punishable under Sections 341, 332, 395, 397 IPC, in Crime No.328 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with the other accused waylaid the de-facto complainant and by assaulting him taken away a sum of Rs.2000/-, Samsung J7 mobile phone and 2 sovereigns of gold from him. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case, since he has got some previous cases. He would

also submit that the petitioner is in custody from 30.08.2022 and he is ready to abide by any stringent conditions that may be imposed on him and hence, 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, who is arrayed as A3 in this case, along with the other accused waylaid the de-facto complainant and by assaulting him taken away a sum of Rs.2000/-, Samsung J7 mobile phone and 2 sovereigns of gold jewel from him. He would further submit that half sovereign of gold has been recovered from the accused and as far as the petitioner is concerned, he is a habitual offender against whom there are 7 previous cases. Therefore, he vehemently oppose for grant of bail to the petitioner.

5. The details of the previous cases pending as against the petitioner are tabulated hereunder:-

S.No. Police Station Crime No.

Offences 1.

Semmancheri 40/2022 379 @ 34, 379 IPC 2.

Poonamallee 535/2022 461 & 380 IPC 3.

Ennore 224/2022 461, 380 IPC 4.

Ennore 225/2022 461, 380 IPC 5.

Ennore 226/2022 461, 380 IPC 6.

Marina 148/2022 147, 148, 341, 294(b), 307, 506(ii) IPC 7.

Triplicane 426/2022 147, 148 of IPC @ 8(c) r/w 20(b)(ii)B NDPS Act

6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

7. Taking into consideration the facts and circumstances of the case and the submission made by the learned Government Advocate (Crl.Side) and also considering the fact that 7 previous cases are pending as against the petitioner, this Court is not inclined to grant bail to the petitioner for the present.

A.D.JAGADISH CHANDIRA, J .

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8. Accordingly, this Criminal Original Petition stands dismissed. 09.11.2022 ham