Boopathi v. The State Rep By Its,

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 23.12.2022 for the alleged offence under Sections 341, 392, 397 and 506(ii) of I.P.C. in Crime No.608 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 22.12.2022 at about 05.00 p.m., when the defacto complainant was walking near Shanmuaga Nagar Rajamariyammann temple, the petitioner along with other accused waylaid him and at knife point snatched one sovereign of gold ring and a cash of Rs.5,100/- from him and also threatened him with dire consequences. Hence, the complaint was registered against the petitioner.

3. The learned counsel for the petitioner submitted that there is no specific overtact attributed against the petitioner and he is an innocent person and he has not at all committed any offence as alleged by the respondent police. He would submit that he is no way connected with the

occurrence and he 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 petitioner has been suffering incarceration from 23.12.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are 2 accused involved in this case and there are 6 previous cases similar in nature pending against him. He would submit that while he was walking nearby his area, this petitioner along with other accused waylaid him and snatched a gold rink and also case of Rs.5,100/- from him and now the property was recovered. He would submit that if he is released on bail, he would tamper the witnesses and hamper the investigation and the investigation is not yet 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 that when the defacto complainant was walking

nearby his area, the petitioner along with other accused committed robbery and also the fact that six previous cases pending against him and if he is released on bail, he may abscond 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.

16.02.2023 rpp

T.V.THAMILSELVI, J.

rpp 16.02.2023