Kanthavel Raja v. The State Rep By Its,

Crl.O.P.No.922 of 2023 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 30.12.2022 for the alleged offence under Section 420 of IPC @ Sections 170, 120B, 395, 149 and 34 of IPC in Crime No.346 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution as per the defacto complainant who is running a cellphone shop at Evening Burma Bazaar is that the petitioner along with other accused posed themselves as NIA officials and entered into the shop of the defacto complainant and had taken 6 mobile phones, laptop, CPU and cash of Rs.10 lakhs from the shop and also another sum of Rs.10 lakhs from the premises where the staff of the defacto complainant are residing and thereafter, cheated them. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he had introduced A1 to the defacto complainant, other than that, he has not at all committed any offence as alleged by the

respondent police. He further submitted that that the petitioner has been suffering incarceration from 30.12.2022 and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent submitted that the petitioner along with other accused posed themselves as NIA officials and entered into the shop of the defacto complainant and had taken 6 mobile phones, laptop, CPU and cash of Rs.10 lakhs from the shop and also another sum of Rs.10 lakhs from the premises where the staff of the defacto complainant are residing and thereafter, cheated them. During investigation, it came to light that the accused have committed theft of Rs.2,30,00,000/- from the locker. He further submitted that from this petitioner, only a sum of Rs.3 lakhs has been recovered and other accused in this case are still absconding and if the petitioner is granted bail at this stage, there is possibility of tampering of witnesses. Hence, he opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and considering the gravity of offence committed by the petitioner and also the amount involved in this case, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

12.01.2023 vkr

T.V.THAMILSELVI, J.

vkr Crl.O.P.No.922 of 2023 12.01.2023