Balachandar v. State Rep By

Crl.O.P.No.13102 of 2024 T.V.THAMILSELVI, J.

This Criminal Original Petition has been filed by the petitioner/A2, who was arrested and remanded to judicial custody to 02.11.2022, seeking bail in S.C.No.328 of 2023 pending trial on the file of the learned Principal Sub Judge, Tiruppur in connection with Crime No.370 of 2022 for the alleged offences punishable under Sections 395 r/w 397 of IPC.

2. Learned counsel appearing 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.18878 of 2023 vide order dated 05.09.2023. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the investigation in this case has been completed and the case has also been taken up on the file of the learned Principal Sub Judge, Tiruppur, in S.C.No.328 of 2023. He also submitted that the petitioner is in custody from 02.11.2022 and some of the co-accused have already been released on bail. Hence, he prayed for granting bail to the 1/4

petitioner stating that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police raised objection for granting bail to the petitioner stating that the accused got introduced to the de facto complainant through a mobile application named Grinder and when the de facto complainant had gone to meet one of the accused named Vasanth, all the accused joined together and by threatening him, robbed his silver jewels, cash and mobile phone. He also submitted that the case has been taken up for trial in S.C.No.328 of 2023 on the file of the learned Principal Sub Judge, Tiruppur, whereas, the petitioner herein, against whom 12 previous cases are pending, is not co-operating and also derailing the progress of the trial. Therefore, if he is released on bail, there is a possibility of him absconding and not available for trial.

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

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5. Considering the submissions made by the learned Government Advocate (Crl.Side) that the petitioner is not cooperating for the trial proceedings and considering the conduct of the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition stands dismissed. Further, the petitioner is directed to cooperate with the trial proceedings. 06.06.2024 ham 3/4

T.V.THAMILSELVI, J.

ham Crl.O.P.No.13102 of 2024 06.06.2024 4/4