E. Nithishkumar v. State Rep By

A.D.JAGADISH CHANDIRA, J.

This criminal original petition has been filed seeking to enlarge the petitioner on bail in respect of Crime No.191 of 2022 registered for the offence under Sections 392 & 397 IPC, on the file of the respondent Police.

2. The case of the prosecution as per the de-facto complainant is that on 04.09.2022, while the de-facto complainant along with his father carrying the cash bag containing the amount of Rs.52lakhs to disburse it to the whole sale dealers, the petitioner along with the other accused waylaid the de-facto complainant and his father and by assaulting him with weapon, taken away the cash bag from them. 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. He would further submit that there is no bad antecedents as against the petitioner and he is in custody from 06.09.2022 and he is ready to comply with any stringent condition imposed by this Court and hence, he prays for grant of bail to the petitioner.

4. The Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner along with the other accused waylaid the de-facto complainant and his father, who were carrying the cash bag to disburse the amount to whole sale dealers, and by assaulting them, taken away the cash bag which contains Rs.52 lakhs from them. He would further submit that seven accused have been arrested so far and six accused are yet to be apprehended. He would also submit that only a sum of Rs.90,000/- has been recovered and the balance amount is yet to be recovered. He would further submit that the investigation is at initial stage. Therefore, he vehemently oppose to grant bail to the petitioner.

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

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

7. Accordingly, this Criminal Original Petition stands dismissed.

29.09.2022 ham

A.D.JAGADISH CHANDIRA, J.

ham 29.09.2022