Kumar v. The State Rep By The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioners, who were arrested and remanded to judicial custody on 01.10.2022 for the alleged offence under Sections 394 and 397 I.P.C. in Crime No.256 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the first petitioner is the father of 2nd petitioner and the 2nd petitioner was recommended as an acting driver by one Joyal Sivakumar, who is close friend of defacto complainant. While being so, when A1 is acting as an acting drivers along with A2, they said to have robbed a property, which is worth about more than Rs.35,00,000/- from the defacto complainant, who was proceeding with the said property to Tiruppur to purchase a property. Hence, the complaint.

3. The learned counsel for the petitioner 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 further submit that the investigation is almost completed and that the petitioners have been suffering incarceration for more than 71 days from 01.10.2022. Hence, he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that A1 is an acting driver of the defacto complainant and when travelling in a car proceeding to Tiruppur, A1 along with A2 intercepted the defacto complainant and robbed 24 sovereigns of gold and a sum of Rs.25 lakhs. He would also submit that the petitioners are arrayed as A1 and A2 in this case and 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 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 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 petitioner. Accordingly, this Criminal Original Petition is dismissed.

12.12.2022 rpp

T.V.THAMILSELVI, J.

rpp 12.12.2022