Niyasbash v. The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 07.05.2024 for the alleged offence under Sections 395 r/w 397 @ 147, 148, 341, 323, 307 r/w 397 of I.P.C. in Crime No.99 of 2024 on the file of the respondent police, seeks bail.

2. The case of prosecution is that the defacto complainant is working in TASMAC shop. While so, on 26.04.2024, when the defacto complainant returning from TASMAC shop after completion of work, the petitioner along with other accused said to have prevented him and snatched his mobile phone worth about Rs.12,000/- and robbed a sum of Rs.10,000/- from him. Hence, the complaint was registered against the petitioner.

3. The learned counsel for the petitioner submitted that he has not at all committed any offence as alleged by the respondent police and he is no way connected with the said concern. He would submit that there is no

overtact attributed against him and there is no role of the petitioner in the alleged offence and he has been falsely implicated as accused in this case. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 55 days from 07.05.2024. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is arrayed as A1 and he was detained under Goonda Act. He would also submit that so far, the property was not recovered and the investigation is at initial stage. He would also submit that if he is released on bail, he will tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant bail to the petitioner.

5. On considering the facts and circumstances of the case and the submissions made by both counsel and also on considering the gravity of offence committed by the petitioner, and the fact that so far, the property is not recovered and investigation is at the initial stage and also the fact that

he was detained under Goonda Act and the fact that if he is released on bail, he may abscond and there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 16.07.2024 rpp

T.V.THAMILSELVI, J.

rpp 16.07.2024