Mosakumar @ Meshakumar v. The Inspector Of Police

A.D.JAGADISH CHANDIRA, J.

The petitioner, who was arrested and remanded to judicial custody on 04.10.2022 for the offences punishable under Sections 341, 294(b), 323, 324, 427, 392, 397 & 506(ii) of IPC, in Crime No.606 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution as per the de-facto complainant is that on 04.10.2022 at about 7.30 a.m., the accused waylaid the defacto complainant and robbed a sum of Rs.300/- from him at knife point and also threatened him with dire consequences. Hence the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, since he has got previous cases. He further submitted that this is the foisted case, registered only to detain the petitioner under Act 14. He also

submitted that the petitioner is prepared to abide by any stringent condition that may be imposed by this Court and he is ready to furnish sufficient sureties and thereby, he prays for grant of bail to the petitioner.

4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner is a habitual offender against whom, 5 previous cases including 2 similar nature cases are pending. He further submitted that the petitioner is 'C' category history sheeted rowdy element. He also stated that as far as this case is concerned, the petitioner along with the other accused have waylaid the de-facto complainant and robbed a sum of Rs.300/- from him at knife point. Hence, he vehemently oppose for grant of bail to the petitioner.

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

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and also considering the previous antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed.

25.11.2022 ham

A.D.JAGADISH CHANDIRA, J.

ham 25.11.2022