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Madras High CourtCRL OP/25716/2022dismissed

Naseer Ahamed Abbas v. State By

2022-10-20Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 29.09.2022, for the offences punishable under Sections 436 IPC and Section 4 of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, in Crime Nos.762 & 761 of 2022 respectively, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on protesting against the arrest of the Members belonging to the Popular Front of India, the accused had hurled bombs on the house belonging to the Members of the Opposite organization. Hence the case.

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 also submit that the petitioner is in custody from 29.09.2022 and hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner along with the other accused in order to show their protest against the arrest of the Members belonging to the Popular Front of India, had hurled bombs on the house of the Members of the Opposite Organization. He would further submit that in respect of the case in Crime No. 762 of 2022, the accused had caused damages to the property to the tune of Rs.1,50,000/- and in respect of the case in Crime No.761 of 2022, they had caused damage to the tune of Rs.10,000/-. He would also submit that the investigation is at initial stage. Therefore, he vehemently opposed for grant of bail to the petitioner.

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

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

7. Accordingly, these Criminal Original Petitions stand dismissed for the present.

20.10.2022 ham

A.D.JAGADISH CHANDIRA , J.

ham 20.10.2022