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Madras High CourtCRL OP/5069/2023dismissed

Imras v. The State Rep By Its,

2023-03-03Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 09.02.2023 for the offences punishable under Sections 420 of IPC @ 120(b), 395 and 397 of IPC, in Crime No.26 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is a native of Andhra Pradesh and he came to Chennai to purchase gold for a tune of Rs.1,40,00,000/-. While so, the petitioner along with other accused conspired together, posed themselves as police personnel and robbed the entire cash from the defacto complainant and fled away from the scene of occurrence. Hence, the complaint.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he not committed any offence as alleged by the prosecution. He further submitted that based on the

confession statement of co-accused, this petitioner was arrested and he has been falsely implicated in this case. He further submits that he has been in custody from 10.02.2023. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) would submit that the defacto complainant is a native of Andhra Pradesh and he came to Chennai to purchase gold for a tune of Rs.1,40,00,000/- and after knowing this, the petitioner along with other accused conspired together, posed themselves as police personnel and robbed the entire cash from the defacto complainant and fled away from the scene of occurrence and Rs.75,00,000/- has been recovered and the balance amount has not been recovered. He further submits that the investigation is at preliminary stage. Hence, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case and also considering the fact that the balance amount was not yet recovered and also the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition stands dismissed.

03.03.2023 drl

T.V.THAMILSELVI, J.

drl 03.03.2023