Suresh v. State Rep By

Crl.OP.No.15074 of 2023 G.CHANDRASEKHARAN, J.

This petition is filed to enlarge the petitioner on bail in Crime No.255 of 2023 pending investigation on the file of the respondent Police. 2.The learned counsel for the petitioner submitted that there is monetary dispute between the defacto-complainant and first accused. Petitioner accompanied the first accused for resolving the dispute between them. However, the respondent Police has foisted the case against the petitioner in Cr.No.255 of 2023 for the offences under Section 147, 448, 342, 170, 323, 419 and 420 I.P.C. He is in judicial custody from 27.05.2023. Thus, he prays for bail.

3.In response, the learned Government Advocate (Criminal side) submitted that petitioner along with other accused, impersonating themselves as Income Tax officers had illegally trespassed into the house of defacto-complainant and made a search in the defacto-complainant's house. When the defacto-complainant and his family members raised voice, the villagers came to rescue, all the other accused had escaped except the 1/4

petitioner. The other accused are absconding. Investigation is still pending. 4.From the First Information Report allegations, it is seen that at about 3.00 p.m. on 27.05.2023, the accused had entered into the house of the defacto-complainant claiming themselves as Income Tax officials and conducted a search. When demanded identity card, they continued the search and closed the doors. Defacto-complainant raised alarm, calling the attention of the villagers. When the villagers gathered, all the accused escaped, except the petitioner.

5.Considering the nature of the offence alleged against the petitioner, that co-accused is still absconding and the investigation is pending, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. 10.07.2023 ep 2/4

G.CHANDRASEKHARAN, J.

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