Madras High CourtCRL OP/16491/2024dismissed

Eli @ Gokul v. The State Rep. By

2024-07-12Honourable Mrs Justice T.V.Thamilselvi3 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 30.04.2024 for the alleged offence under Sections 341, 294(b), 323, 324, 506(2) and 307 of I.P.C. in Crime No.54 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant informed to the police officials that the petitioner and other accused persons are selling ganja. Due to the said previous enmity, on 05.03.2024, the petitioner along with other accused abused him in filthy language, assaulted him and threatened him in dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner submitted that he is in judicial custody from 05.03.2024 for more than 3 months. He would submit that there is no specific overtact attributed against this petitioner. He would submit that he has not at all committed any offence as alleged by the

respondent police and he is no way connected with the occurrence and he was falsely implicated in this case and the investigation is almost completed. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that due to previous enmity, the petitioner along with other accused have abused him, assaulted him and also threatened him with dire consequences. He would submit that there are 5 previous cases pending against him and 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. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering gravity of offence committed by the petitioner and also considering the fact that there are 5 previous cases pending against him and at this stage if he is released on bail, 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.

12.07.2024 rpp T.V.THAMILSELVI, J.

rpp 12.07.2024