Simmasamy v. Home, Prohibition And Excise Department

Crl.O.P.No.20839 of 2024 T.V.THAMILSELVI, J.

This Criminal Original Petition has been filed by the petitioner/A5, who was arrested and remanded to judicial custody on 12.06.2024, seeking bail in Crime No.261 of 2024 registered for the offence under Sections 395 & 397 of IPC.

2. Learned counsel appearing for the petitioner submitted that this is the second petition and the earlier petition was dismissed by this Court in Crl.OP.No.18051 of 2024 dated 30.07.2024. He further submitted that the petitioner aged about 23 years, is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner, who is no way connected with the alleged offence, has been suffering incarceration from 12.06.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police objected for granting bail stating that, the petitioner/A5 along with other accused had conspired together, entered into the de facto complainant's house and robbed the gold jewels from the de facto complainant and her family members at knife point. He further submitted that there are six accused in this case and the case is under investigation and only recovered 1.75 sovereigns out of 8 sovereigns. He also https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI,J.

rri submitted that the petitioner is a habitual offender having four previous cases, therefore, if he is released on bail, there is every possibility of him absconding and threaten the witnesses.

4. Taking into consideration the facts and circumstances of this case and the submissions made by the learned counsel on either side and taking note of the fact that the investigation is not completed and also considering the gravity of the offence committed by the accused, and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, the Criminal Original Petition stands dismissed. 29.08.2024 rri Crl.O.P.No.20839 of 2024 https://www.mhc.tn.gov.in/judis