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Madras High CourtCRL OP/959/2023dismissed

Syed Mohammed Ikram @ Ikram v. State Rep By

2023-01-27Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioners, who were arrested and remanded to judicial custody on 02.12.2022 for the alleged offence under Sections 397 of I.P.C. in Crime No.485 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 01.12.2022 at about 06.00 p.m., the petitioners along with other accused entered into defacto complainant's massage centre, wherein four women employees are working and they waylaid her shop and there was a wordy quarrel between them, resulting in which, they abused them in filthy language and attacked them and also threatened them with dire consequences and told them that they will come back and take money every month. Hence, the complaint.

3. The learned counsel for the petitioners submitted that there is no specific overtact attributed against the petitioners and they are innocent person and they have not at all committed any offence as alleged by the

respondent police. He would submit that they are no way connected with the occurrence and they will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioners have been suffering incarceration from 02.12.2022. Hence, he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioners are the prime accused in this case and they are notorious persons, having murder cases pending against them and particularly, on the date of alleged occurrence, on showing knife against defacto complainant's employees, occurrence was happened. He would submit that if they are released on bail, they would tamper the witnesses and hamper the investigation and the investigation is not yet completed. Hence, he vehemently opposed to grant bail to the petitioners.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering gravity of offence committed by the petitioners, they are the prime accused and both are

notorious persons, having murder cases pending against them and at knife point, they threatened defacto complainant's employees and if they are released on bail, there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 27.01.2023 rpp

T.V.THAMILSELVI, J.

rpp 27.01.2023