D.Baiju v. Home, Prohibition And Excise Department

Crl.O.P.No.14728 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 26.03.2024 in Crime No.327 of 2024 registered for the alleged offences punishable under Sections 395 and 397 of IPC, seeks bail.

2. The case of the prosecution as per the defacto complainant is that, he is a native of Tiruppur District and is doing real estate business. On 14.03.2024, to purchase a property to an extent of 6 1⁄2 cents in Karnataka State, the defacto complainant and his driver went to Karnataka with cash of Rs.50,00,000/- in a car bearing registration no.KA 05MW 9386. The further allegation is that regarding the property already purchased by the defacto complainant at Azhiyaru and to attend an enquiry at Anaimalai Registrar Office, by that time, the petitioner along with other accused intercepted the car, kidnapped the defacto complainant and his driver and assaulted them and snatched Rs.50,00,000/- from the defacto complainant. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that this is the second bail petition and the earlier bail petition was dismissed by this Court in Crl.OP.No.12580 of 2024 dated 04.06.2024. He further submitted that the petitioner has not committed any offence as alleged by the prosecution and he is no way connected with the said case. He further submitted that the petitioner is in custody from 26.03.2024. Hence, he prayed for grant of bail to the petitioner.

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T.V.THAMILSELVI, J.

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4. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the amount involved in the case is huge and the amount was not yet recovered He further submitted that the investigation is still pending. He further submitted that the petitioner has four previous cases pending against him, therefore, he vehemently opposed to grant 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 and the submissions made by the learned Government Advocate (Crl.Side) and also considering the nature and gravity of the offence and there is no change of circumstances in this case, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 24.06.2024 drl Crl.O.P.No.14728 of 2024 https://www.mhc.tn.gov.in/judis