V.Jagadeeswaran v. The Inspector Of Police
T.V.THAMILSELVI, J.
The petitioners, who were arrested and remanded to judicial custody on 01.11.2022 for the alleged offence under Sections 294(b), 397 and 506(ii) I.P.C. in Crime No.513 of 2022 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners said to have came in an auto and forcibly took away the cell phone worth about Rs.20,000/- belong to the defacto complainant and when the same was prevented by him, they attacked him with knife on his head and while the villagers tried to catch them, they ran away in an auto from the scene of occurrence. Hence, the complaint.
3. The learned counsel for the petitioners submitted that they have not at all committed any offence as alleged by the respondent police and
they are no way connected with the offence. He would submit that they have been falsely implicated in this case for statistical purpose. He would further submit that the investigation is almost completed and that the petitioners have been suffering incarceration for more than 36 days from 31.10.2022. Hence, he prayed to grant bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are four accused and there are three previous cases pending against them, which are similar in nature and no recovery made from the petitioner and other co-accused are also in judicial custody. He would also submit that if they are released on bail, they will tamper the witnesses and hamper the investigation. 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 considering the gravity of offence committed by the petitioners, there is no recovery made from the petitioners, and also considering the fact that there is possibility of tampering the
witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.
08.12.2022 rpp
T.V.THAMILSELVI, J.
rpp 08.12.2022