V.Mathiyalagan v. State Rep. By

Crl.O.P.No.17764 of 2015 R.SUBBIAH, J.

The petitioner, who was arrested on 12.10.2014 for the alleged offences punishable under Sections 394 & 397 IPC in PRC.No.1 of 2015 (Crime No.549 of 2013) pending on the file of the learned Judicial Magistrate No.II at Ulunthurpet, Villupuram District, seeks the relief of bail.

2.The case of the prosecution, in brief, is as follows:- The complaint was lodged by one P.Venkatesan stating that he is working as a Supervisor in TASMAC and he was having collection amount of Rs.1,11,380/- and while he was travelling in a bus from Thirukovilour to Panrutti, the three unknown persons including the petitioner herein/A1 threatened and assaulted him and robbed the said collection amount from him. On basis of the complaint given by the said Venkatesan, a case was registered in Crime No.549/2013 under Sections 394 & 397 IPC. During the course of investigation, the respondent-Police arrested the accused 1 to 3 on 12.01.2014 and recorded their confession statements and remanded them to judicial custody.

3.The learned counsel for the petitioner/A1 submitted that the

petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. The learned counsel for the petitioner would further submit that after completion of the investigation, the Police has filed chargesheet and the same has been taken on file in PRC.No.1 of 2015 on the file of the Judicial Magistrate No.II, Ulundurpet, Villupuram District. Thus, the learned counsel for the petitioner sought for the relief of bail to the petitioner. 4.The learned Government Advocate (Crl.Side), by filing a detailed counter, opposed the grant of bail to the petitioner stating that the petitioner is having bad antecedents and he is involved in three other murders cases also, which are as follows_ So.No.

P.S. & Crime No.

Offences Stage 1.

Thiruvennainallur P.S. Cr.No.515/2012 U/S.376, 397, 302, 201 IPC r/w 120(b) IPC P.R.No.20/2014 J.M-II,- Pending Trial 2.

Thirunavalur P.S., Cri.No.620/2012 U/s.302 IPC Pending Trial 3.

CBCID, Cr.No.2/2014, Villupuram District U/s 302 IPC Pending Trial The learned Government Advocate (Crl.Side) would further submit that if the petitioner is enlarged on bail, he would tamper the evidecnce. Thus, he sought for dismissal of the bail petition.

5. I have heard the submissions made on either side and

perused the materials available on record.

6. Considering the facts and circumstances of the case and taking note of the bad antecedents of the petitioner, I am of the opinion that the petitioner is not entitled for the relief of bail. Further, as contended by the learned Government Advocate, if the petitioner is enlarged on bail, he will tamper the evidence. Hence, I am not inclined to grant bail to the petitioner and the petition is liable to be dismissed.

In fine, the criminal original petition is dismissed. 31.07.2015 ssv R.SUBBIAH, J.

ssv

Pre-delivery order in Crl.O.P.No.17764 of 2015 31.07.2015