S.Ashok Kumar v. The State Rep By Its,

A.D.JAGADISH CHANDIRA,J.

The petitioner, who was arrested and remanded to judicial custody on 24.02.2023, for the alleged offences punishable under Sections 120(B), 395 & 397 of IPC, in Crime No.26 of 2023, on the file of the respondent Police, seeks bail.

2.

The case of the prosecution as per the de-facto complainant/Subbarao, is that the accused conspired together and by claiming themselves as Police Personnel, robbed a sum of Rs.1,40,00,000/- from the de-facto complainant, who brought the said amount from Andhra Pradesh to purchase gold in Chennai. Hence the case.

3. Learned Counsel for the petitioner submitted that this is the second application for bail filed by the petitioner before this Court and this Court had dismissed the earlier bail application in Crl.O.P.No.5343 of 2023 vide order dated 07.03.2023. He further submitted that the co-accused in this

case have been arrested and also released on bail by the learned Principal Sessions Judge in Crl.M.P.Nos.5695 & 5688 of 2023 dated 14.03.2023. He also stated that the petitioner is in custody from 24.02.2023 and he is prepared to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner along with other accused conspired together and by claiming themselves as Police Personnel, have robbed a sum of Rs.1,40,00,000/- from the de-facto complainant. He further submitted that the petitioner is the master mind for the said offence and also four previous cases including one case of similar nature, are pending against him. He further submitted that this is the second bail application of the petitioner and there is no change of circumstances. He also submitted that investigation in this case is still pending and so far Rs.75 lakhs have been recovered and the balance amount is yet to be recovered, hence, he opposed for grant of bail to the petitioner.

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

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned Government Advocate (Crl.Side) and taking note of the fact that there is no change of circumstances and also the considering that the investigation is still pending, this Court is not inclined to grant bail to the petitioner for the present.

7. Accordingly, the Criminal Original Petition stands dismissed for the present.

27.03.2023 ham

A.D.JAGADISH CHANDIRA,J.

ham 27.03.2023