Shahul Hameed @ Imam Ali v. Inspector Of Police,
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 26.12.2022 for the offences punishable under Section 379 of IPC in Crime No.421 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution as per the defacto complainant is that he had parked his vehicle bearing Registration No.TN 01 BQ 1747 and the same was stolen by some unknown persons. Hence, the complaint.
3. The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that he will abide by any condition that may be imposed by this Court. He would also submit that the petitioner has been suffering incarceration from 26.12.2022. He would also submit the coaccused/A3 in this case was released on bail by the learned Magistrate in Crl.M.P.No.43649 of 2023 vide order dated 23.01.2023. Hence, he
prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl.side) for the respondent police would submit that totally 6 accused were involved in this case and the petitioner is arrayed as A5. He would further submit that the vehicle was not recovered. He would further submit that the investigation is not yet completed and it is in preliminary stage, if the petitioner is granted bail at this stage, then there will be possibility of tampering the witnesses and hampering the investigation and Hence, he vehemently opposed for grant of bail to the petitioner.
5. Considering the facts and circumstances of the case, the stage of investigation and stolen vehicle is not recovered, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.
09.02.2023 Jai
T.V.THAMILSELVI, J.
jai 09.02.2023