Ramesh v. State Rep.By

T.V.THAMILSELVI, J.

The petitioners, who were arrested and remanded to judicial custody on 18.12.2023 for the alleged offence under Sections 392, 452, 34 and 397 of I.P.C. in Crime No.764 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 17.12.2023 the petitioners said to have entered into the house of defacto complainant and threatened him by showing knife and robbed a sum of Rs.10,000/-, cell phones and taken away the two wheeler from his house. Hence, the complaint was registered against the petitioners.

3. The learned counsel for the petitioners submitted that this is the second petition seeking for bail. He would submit that there is no specific overtact against these petitioners and they are innocent persons and they have not at all committed any offence as alleged by the respondent police. He would submit that there is no role of the petitioners in the alleged

offence and they have been falsely implicated as accused in this case. He would further submit that the investigation is almost completed and that the petitioners have been suffering incarceration from 18.12.2023 for more than 9 months. Hence, he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioners went to defacto complainant's house and robbed a sum of Rs.10,000/-, cell phone and his two wheeler. He would submit that totally, there are 4 previous cases similar in nature pending against them and the petitioners are arrayed as A1 and A2.. He would also submit that investigation was completed and a charge sheet was filed in S.C.No.81 of 2024 before the Sub-Court, Avinashi. He would submit that at this stage, if they are released on bail, they may abscond and they would tamper the witnesses and hamper the investigation and the investigation is completed and the charge sheet is yet to be filed. Hence, he vehemently opposed to grant bail to the petitioners.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and on seeing the gravity of committed by the petitioners, they went to the house of defacto complainant and committed robbery at knife point and the fact that there are 4 previous cases similar in nature pending against him and also the fact that now investigation is completed and the charge sheet was filed in S.C.No. 81 of 2024 and now the case is posted for examination of L.W.1 and at this stage, if they are released on bail, they may abscond and there is possibility of tampering the witnesses and hampering the investigation and also the fact that there is no change of circumstances, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

26.09.2024 rpp

T.V.THAMILSELVI, J.

rpp 26.09.2024