Sakthivel v. The State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 13.02.2024 for the alleged offence under Sections 454 and 380 of I.P.C. in Crime No.99 of 2024 on the file of the respondent police, seeks bail.

2. The case of prosecution is that on the date of occurrence, the petitioner along with other accused said to have break open door of defacto complainant house and robbed 3 sovereign of gold chain and also a cash of Rs.2000/- from the bureau. Hence, the complaint was registered against the petitioner.

3. The learned counsel for the petitioner submitted that he has not at all committed any offence as alleged by the respondent police and he is no

way connected with the said concern. He would submit that there is no overtact attributed against him and there is no role of the petitioner in the alleged offence and he has been falsely implicated as accused in this case. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 49 days from 13.02.2024. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that there are four previous cases pending against the petitioner and A3 is still absconding. He would also submit that so far, the property was not recovered and the investigation is at initial stage. He would also submit that if he is released on bail, he will tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant bail to the petitioner.

5. On considering the facts and circumstances of the case and the submissions made by both counsel and also on considering the gravity of offence committed by the petitioner, and the fact that there are 4 previous

cases pending against him, A3 is still absconding and the fact that so far, the property is not recovered and investigation is at the initial stage and also the fact that 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. 02.04.2024 rpp

T.V.THAMILSELVI, J.

rpp 02.04.2024 (1/2)