M.Ram Kumar v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 25.11.2022 for the alleged offence under Sections 341, 294(b), 336, 427, 392, 397 and 506(ii) of I.P.C. in Crime No.547 of 2022 on the file of the respondent police, seeks bail.

2. The case of prosecution is that on 25.11.2022 at about 03.30 p.m., the petitioner along with other accused went to the defacto complainant's tea shop and drank tea and had cigarette. While he asked money, they revealed their identity as M.G.R. Nagar Ram Kumar and Vinoth and claimed to have many cases in many police stations and often visit jail and they have also criminally intimidated him to death by stating that they have robbed a person near pillaiyar koil street just before the incident and if he claims money for tea, they would broke the biscuit bottles and also robbed a sum of Rs.3500/-. Hence, the complaint was registered against the petitioner.

3. The learned counsel appearing for petitioner submitted that A1 was arrested a day before the occurrence and the alleged offence was fabricated so as to rope this petitioner in another case. Having knew about the same, he himself surrendered before the respondent police station voluntarily. Hence, the entire allegation is false, vindictive, wanton and he is no way connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and due to previous enmity, he has been falsely implicated in this case and he will abide by any condition imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for from 25.11.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is having 23 previous cases including four murder cases pending against him and he is a notorious person and he is an habitual offender. He would submit that that if he is released on bail, he would tamper the witnesses and hamper the

investigation and the investigation is almost completed. Hence, he vehemently opposed to grant bail to the petitioner.

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 petitioner, and also the fact that nearly 23 previous cases pending against him, out of which, 4 murder cases pending against him, and 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. 25.01.2023 rpp

T.V.THAMILSELVI, J.

rpp 25.01.2023