Gokulakrishnan v. The State Rep By

A.D.JAGADISH CHANDIRA,J.

The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 304(2) read with 3(5) of BNS, in Crime No.112 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with another accused/A1, followed the defacto complainant in their two wheeler and dashed against the defacto complainant's two wheeler and when she fell down on the road, the pillion rider who is the main accused/A1, snatched the gold chain of the defacto complainant from her neck and they escaped from that place. Hence, this case.

3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, prayed for grant of anticipatory bail to the petitioner.

4.The learned Advocate (Crl. Side) appearing for the respondent police opposed for grant of anticipatory bail to the petitioner stating that the petitioner along with other accused, followed the defacto complainant in a 1/3

two wheeler and snatched a gold chain from the neck of the defact complainant. He further submitted that the petitioner is a habitual offender against whom several similar cases are pending. He further submitted that the main accused/A1 was arrested and after he was enlarged on bail, he absconded and did not sign before the respondent police even for a single day.

5.Heard the learned counsel for the petitioner, the learned Advocate (Crl. Side) appearing for the respondent police and also perused the materials available on record including FIR.

6. Taking into consideration the nature of offence and the fact that the petitioner is a habitual offender against whom several similar cases are pending before the Villupuram Police, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 06.11.2024 ksa-2 2/3

A.D.JAGADISH CHANDIRA,J.

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