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Madras High CourtCRL MP/11852/2024allowed

The State Of Tamilnadu Rep. By v. Arjunraj

2024-09-30Honourable Mr.Justice P. Dhanabal5 pages

Crl.M.P.No.11852 of 2024 in Crl.O.P.No.1895 of 2024 P.DHANABAL,J.

This Criminal Miscellaneous Petition is filed to cancel the bail granted to the 1st respondent/accused No.2 by this Court in Crl.O.P.No.1895 of 2024 dated 27.02.2024. 2.The learned Government Advocate appearing for the petitioner would submit that the accused persons namely Arjunraj has filed a bail petition in Crl.O.P.No.1895 of 2024 dated 27.02.2024 before this Court and the same was allowed by this Court with certain conditions. After releasing from the jail the accused person has not complied with the order dated 27.02.2024 passed by this Court. He also involved in similar nature of offence and FIR has been registered in Crime No.64 of 2024 under Section 392, 397 of IPC before the Thirumanur police station and arrested and released on bail. He has been involving subsequent criminal cases.

Thereafter the accused person namely Arjunraj has trespassed into the house of the brother of the deceased namely Poochi @ Sudhakar and attempted to murder him in a similar manner as his brother was died. Based upon the complaint of one Senthil Kumar before the Thirumanur Police Station an FIR was registered in Crime No.148 of 2024 under Sections 296(b), 109, 351(3), 232(1) of BNS and arrested the accused on 07.07.2024 itself and remanded in the judicial custody. The accused herein is continuously involving in criminal activities in the locality and he is a big threat to the victim and witness of the alleged crimes. More particularly he was causing public tranquility.

2011 and he is under close surveillance after invoking History sheet No.318 of 2018. The accused may threaten the witnesses and tamper the evidence during the trial if the bail not cancelled which is granted by this Court on 27.02.2024. Hence he requested this Court to cancel the bail granted to the accused in 'Crl.OP.No.1895 of 2024 dated 27.02.2024. 3.The learned counsel appearing for the respondent submitted that a false case was foisted against the respondent and he was arrested in another case while complying the conditions in this case. Therefore, he was unable to comply with the condition. A false case in Crime No.148 of 2024 was registered only for the purpose of cancelling the bail granted to the respondent in this case and he was arrested and still in judicial custody. 4.Heard both sides and perused the records.

5.It is an admitted fact that after releasing on bail in this case the accused had been involved in two other crimes and Crime Nos.64 of 2024 and 148 of 2024. The case is registering in Crime No.148 of 2024 for the allegations that the respondent threatened the witnesses in the main case. In Crl.O.P.No.1895 of 2024 this Court granted bail to the respondent on certain conditions and one such condition is that the petitioner/respondent herein shall not tamper with evidence or witness either during investigation or trial. But the respondent has not complied with the order passed by this court and he threatened the witnesses in this case thereby Crime No.148 of 2024 has been registered. Therefore, in

view of the said reasons, this Court is inclined to cancel the bail granted to the respondent in Crl.O.P.No.1895 of 2024 dated 27.02.2024.

6.Accordingly, this Criminal Miscellaneous Petition stands allowed and the bail granted to he respondent in Crl.O.P.No.1895 of 2024 dated 27.02.2024 is cancelled. The petitioner is directed to secure the respondent/accused in accordance with law. 30.09.2024 ah

P.DHANABAL,J.

ah Crl.M.P.No.11852 of 2024 in Crl.O.P.No.1895 of 2024

30.09.2024