Fazal Mahmood v. The State Rep By

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 22.08.2022 for the alleged offences punishable under Section 420 of IPC in Crime No.218 of 2022, seeks bail.

2. The case of the prosecution is that the petitioner along with the other accused posting themselves as police, waylaid the de-facto complainant and by threatening him, taken away a sum of Rs.24,43,000/- from him. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that the petitioner is a habitual offender having two previous cases with similar kind of offences on the file of the Thanjavur Police Station and Trichy Cantonment Police Station. He would further submit that in this case, the petitioner along with other accused posting themselves as police, waylaid the de-facto complainant and by threatening him, robbed a sum of Rs.24,43,000/- from him. He would also submit that a sum of Rs.1,95,000/- has been recovered from the petitioner and a sum of Rs.17,00,000/- has been recovered from the other accused. He also stated that the investigation is still pending and hence, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and the submissions of the learned Government Advocate (Crl.Side) and also taking note of the fact that investigation is at initial stage, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed.

08.09.2022 ham

A.D.JAGADISH CHANDIRA , J.

ham 08.09.2022