Ezhilarasan @ Sunil v. Inspector Of Police
CRL.OP.No.22449 of 2023 SATHI KUMAR SUKUMARA KURUP.J., The Petitioner, who was arrested and remanded to judicial custody on 10.08.2023 for the alleged offences punishable under Section 395 of IPC in Crime No.437 of 2023, on the file of the Respondent Police, seeks bail.
2. The case of the prosecution as per the Defacto complainant is that he is doing gold business and he was also selling gold on retail to the Jewellery shops in Tiruvallur. On 10.08.2022 at about 3.15p.m, when the Defacto Complainant was carrying with him 1.100kg gold and cash of Rs.5,00,000/-, was returning to his house, near Tiruvallur CTH Road, Thodukaru Graveyard Junction, the Petitioner along with other accused persons came on two bikes, waylaid the defacto complainant and robbed the said gold weighing 1.100kgs and cash of Rs.5,00,000/-. They assaulted him with knife and escaped from the scene of occurrence. Hence, the case.
3. The learned Counsel for the Petitioner submitted that the 1/4
Petitioner is arrayed as A-4 in the case. As per the complaint, A-1 is alleged to have snatched the bag containing gold from the defacto complainant's two wheeler. When he was taking gold to the Jewellery shop, three persons are alleged to have waylaid him and snatched the bag containing gold. This petitioner has no overt act and he is the friend of A1 and hence, the case has been foisted against him.
4. The Learned Additional Public Prosecutor by way of reply has submitted that the Petitioner is arrayed as A3. There are 14 previous cases pending against him. Therefore, he had vehemently objected to grant bail to the petitioner.
5. Heard the learned Counsel for the Petitioner and the learned Additional Public Prosecutor. Perused the materials available on record including the First Information Report.
6. Considering the objection of learned Additional Public Prosecutor that the petitioner has previous antecedents, this Court is not 2/4
inclined to grant bail to the Petitioner.
7. Accordingly, this Criminal Original Petition is dismissed. 29.09.2023 Vv SATHI KUMAR SUKUMARA KURUP.J., Vv 3/4
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