IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Tuesday, the Eighth day of February Two Thousand Twenty Two

PRESENT

The Hon`ble Mr Justice R. PONGIAPPAN

CRIMINAL ORIGINAL PETITION No.2933 of 2022

HARI @ HARISH @ HARISHKUMAR

[ PETITIONER / ACCUSED ]

Vs

STATE REP BY INSPECTOR OF POLICE

[ RESPONDENT ]

K-2, AYANAVARAM POLICE STATION,

CHENNAI.

CRIME NO.668 OF 2021

For Petitioner : M/S R. MUTHUKUMAR Advocate

For Respondent : Mrs.G.V.KASTHURI, Additional Public Prosecutor

PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :-

The petitioner who was arrested and remanded to judicial custody

on 22.11.2021 for the offences under Sections 341, 294(b), 323, 397

and 506(ii) of IPC in Crime No.668 of 2021, on the file of the

respondent police, seeks bail.

2. The case of the prosecution is that on 22.11.2021, the

petitioner along with other accused robbed a sum of Rs.2,500/- from

the defacto complainant at knife point. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the

petitioner is an innocent and he has been falsely implicated in this

case. However, he is ready to abide any condition imposed by this

Court. He would further submit that the petitioner is in judicial

custody

from 22.11.2021. Therefore, the further custodial

interrogation of the petitioner may not be necessary. Hence, prays

for grant of bail to the petitioner.

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4.The learned Additional Public Prosecutor would raise strong

objection stating that the petitioner is having 11 previous cases as

detailed below;

S.No.

Crime Number

Offences

1.

Crime No.110 of 2018

Sections 341, 294(b),

323, 392, 506(ii) IPC

2.

Crime No.413 of 2019

Sections 147, 148, 341,

294(b), 323, 324, 307,

506(ii) IPC

3.

Crime No.887 of 2020

Sections 341, 294(b),

323, 397, 506(ii) IPC

4.

Crime No.133 of 2021

Section 394 IPC

5.

Crime No.367 of 2021

Sections 341, 294(b),

323, 384, 506(ii) IPC

6.

Crime No.446 of 2021

Sections 147, 148, 341,

294(b), 323, 336, 427,

397, 506(ii) IPC

7.

Crime No.447 of 2021

Section 8(c) read with 20

(b)(ii)(B) NDPS

8.

Crime No.307 of 2019

G3 Police Station

Section 379 IPC

9.

Crime No.414 of 2019

G2 Anna Salai

Sections 392 and 506(ii)

IPC

10.

Crime No.2704 of 2020

M2 Mathavaram

Section 394 IPC

11.

Crime No.19 of 2021

K6 T.P.Chathram

Sections 294(b), 324, 307

IPC

5. The submissions made by the learned Counsel on either side

are considered.

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6. Though the petitioner is in the judicial custody from

22.11.2021, for the reason that the petitioner is having 11 previous

cases as mentioned above, this Court has come to the conclusion that

if the petitioner is released on bail, he may commit similar offence

and therefore, it may not be appropriate to allow this petition at

this time. Accordingly, this Criminal Original Petition is dismissed.

-sd/-

08/02/2022

This order, on being produced, be punctually observed and carried

into execution by all concerned

TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.)

High Court, Madras - 600 104.

TO

1 THE SUPERINTENDENT,

CENTRAL PRISON, PUZHAL, CHENNAI.

2 THE INSPECTOR OF POLICE,

K-2, AYANAVARAM POLICE STATION,

CHENNAI.

3 THE PUBLIC PROSECUTOR

HIGH COURT, MADRAS.

CC to M/S R. MUTHUKUMAR Advocate on payment of necessary

charges

CRL OP.2933/2022

Date :08/02/2022

RW 15/02/2022

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