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Madras High CourtCRL OP/8849/2024dismissed

Haji Naji Moideen @ Haja Najmudhin v. State Rep By

2024-04-12Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.8849 of 2024 T.V.THAMILSELVI,J.

The petitioner, who was arrested and remanded to judicial custody on 17.02.2024 in connection with Crime No.28 of 2024 registered for the alleged offences punishable under Sections 370 (4) r/w 34 of IPC and Section 81 of the Juvenile Justice Act, seeks bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner was not at all present at the place of occurrence and he is no way connected with the alleged offence and he is suffering incarceration from 17.02.2024. He further submitted that the petitioner is also ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

3. Learned Government Advocate (Puducherry) appearing for the respondent police raised objection for granting bail to the petitioner stating that it is the case where the petitioner had arranged other accused for a sum of Rs.2 lakhs and kidnapped 3 1⁄2 year old child with the help of the other accused. He further submitted that the investigation is not yet completed and now the child was secured and handed over to the parents. He also submitted that if the petitioner is released on bail, there may be a possibility of him absconding and threatening the witnesses.

https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI,J.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Puducherry) appearing for the respondent and perused the materials available on record.

5. Taking into consideration the facts and circumstances of this case and the submissions made by the learned Government Advocate (Puducherry) that the investigation in this case is not yet completed and also considering the nature and the gravity of the offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition stands dismissed. 12.04.2024 ham Crl.O.P.No.8849 of 2024 https://www.mhc.tn.gov.in/judis