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Madras High CourtCRL OP/30221/2022dismissed

Rajeshkumar v. The State Rep By Its,

2022-12-08Honourable Mrs Justice T.V.Thamilselvi3 pages

T.V.THAMILSELVI, J.

The petitioners, who were arrested and remanded to judicial custody on 17.11.2022 for the alleged offence under Sections 395 of I.P.C. in Crime No.1271 of 2022 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 12.11.2022 at 10.40 hours, while the defacto complainant and his friend returning from the work near Karuda Avenue, the petitioners said to have wore mask and came by motorcycle and waylaid them and threatened them with dire consequences and also snatched their cell phone. 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. He would submit that investigation is almost completed and that the petitioners have been suffering incarceration for more than 20 days from 17.11.2022. Hence, he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, six accused in this case and the 1st petitioner/A1 is having 7 previous cases and the 2nd petitioner/A6 is having 8 previous cases pending against them, which are similar in nature. He would also submit that if they are released on bail, they will tamper the witnesses and hamper the investigation and the investigation is not yet completed. Hence, he vehemently opposed to grant bail to the petitioner.

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 petitioner, 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