Abuthaheer v. Inspector Of Police

Crl.OP.No.17019 of 2023 G.CHANDRASEKHARAN, J.

This petition is filed to enlarge the petitioners on bail in Crime No.94 of 2023 pending investigation on the file of the respondent. 2.It is the submission of learned counsel for the petitioners that petitioners are accused in Crime No.94 of 2023 for the offence under Section 395, 397 r/w 120 (b), 364 (A), 395 r/w 397 of I.P.C. Investigation in this case is completed and final report is filed. The case is now pending in P.R.C.No.14 of 2023 on the file of learned Judicial Magistrate, Uthukuli. Only if the petitioners are released on bail, they would be in a position to effectively defend the case. Thus, this petition is filed for seeking bail. 3.In response, the learned Additional Public Prosecutor submitted that on 04.06.2023, at about 04.00 a.m., the defacto-complainant and her husband were going to fish shop in a two-wheeler bearing No.TN 39 CZ 8814, followed by defacto-complainant's daughter and relative Muthukumar in another two-wheeler bearing No.TN 39 CX 3319. They were waylaid by the accused in this case, who came in a car, with deadly weapons. They had 1/4

forcibly taken the defacto-complainant into the car and proceeded. On seeing that defacto-complainant's daughter followed them in a two-wheeler. That car driver applied sudden brake and therefore, defacto-complainant's daughter hit the back side of the car. Accused had forcibly taken defactocomplainant's daughter into the car. Then they robbed defacto-complainant's ten sovereign of gold chain, 1⁄2 sovereign of gold ear ring and from her daughter one sovereign of bracelet and one gram of ring. Later they pushed them near NDS bakery at Chengapalli bypass and fled. The jewelleries had been recovered. However, he further submitted that A8 has two similar cases pending against him and A9 has three similar cases pending against him. 4.Considered the rival submissions and perused the records. 5.

In the light of the facts obtained from the First Information Report allegations and submission of learned counsel appearing for parties, it is clear that the accused had kidnapped two women and robbed their gold jewelleries.

offences and threatening the witnesses. In such circumstances, this Criminal Original petition is dismissed.

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G.CHANDRASEKHARAN, J.

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