S.Kathar @ Sheik Kathar v. The State Rep.By
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody through PT warrant on 17.04.2024 for the alleged offence under Sections 341, 294(b), 392, 397, 506(ii) of I.P.C., pending trial in S.C.No.117 of 2024 on the file of Principal District Judge, Kanchipuram in Crime No.98 of 2024 on the file of the respondent police, seeks bail.
2. The case of prosecution is that on 01.03.2024 about 05.00 p.m., while the defacto complainant on his way, near Thirukalimedu, the petitioner said to have waylaid him and demanded to pay rowdy mamool and on his refusal, the petitioner said to scolded him in filthy language and snatched a cash of Rs.3000/- at knife point from his pocket. Hence, the complaint was registered against the petitioner.
3. The learned counsel appearing for petitioner submitted that this is the fourth petition seeking for bail. He would submit that he has not at all 1/4
committed any of offence as alleged by the respondent police and he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 6 months from 17.04.2024. Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that there are 25 previous cases pending against him, in which 4 cases registered under Sec.302 I.P.C. and 3 cases registered under Sec.307 I.P.C. and also one case was registered under the Arms Act and he is a notorious person and an history sheeter. He would submit that that at knife point, he threatened the defacto complainant and forcefully took a sum of Rs.3000/- from his pocket. He would submit that the investigation was completed and final report was filed and now the case is posted for framing of charges and at this stage, if he is released on bail, he would tamper the witnesses and hamper the investigation and investigation is at initial stage. Hence, he vehemently opposed to grant bail to the petitioner.
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5. Considering the above facts and circumstances, and on seeing the previous antecedents of petitioner, having 25 previous cases pending against him, in which 4 cases registered under Sec.302 I.P.C. and 3 cases registered under Sec.307 I.P.C. and also one case was registered under the Arms Act and he is a notorious person in the locality and at this stage, if he is released on bail, there is possibility of tampering the witnesses and hampering investigation and also the fact that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 07.11.2024 rpp 3/4
T.V. THAMILSELVI, J.
rpp Crl.O.P.No.27082 of 2024 07.11.2024 4/4