Ajithkumar v. State Rep.By
Crl.O.P.No.26810 of 2024 A.D.JAGADISH CHANDIRA, J.
Petition seeking bail in respect of Crime No. 410 of 2024 registered for the alleged offences punishable under Sections 331(3), 309(4), 311 @ 331(3), 309(4), 311, 317(2) of BNS is on board for consideration.
2. The incarceration of the petitioner being from 06.09.2024 pleading innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seeks indulgence of this Court. He further submits earlier the petitioner was detained under Act 14 and the same was also set aside by this Court in H.C.P.No.1095 of 2024 dated 02.08.2024. He also submits that the petitioner is in no way connected with the alleged offence and the present case has been registered only for statistical purpose. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, vehemently opposing for grant of bail, is that the petitioner/A1 along with other accused had trespassed into the de facto complainant's bakery and by threatening her at knife point, robbed 1⁄2 sovereign of
gold ring, 1⁄2 sovereign of gold ear ring, silver anklets and her Vivo mobile phone and escaped in their car. He further submits that the petitioner/A1 is a habitual offender, against whom, 9 previous cases are pending in the districts of Dharmapuri, Krishnagiri, Salem and others and further, the detention order passed against him was set aside by this Court on 02.08.2024, whereas, after coming out of prison, within a period of one month, the petitioner has involved in the present offence. Therefore, if the petitioner is released on bail, there is a possibility of him absconding and not available for further investigation.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the conduct and antecedents of the petitioner, this court is not inclined to grant bail to the petitioner.
5. Accordingly, the Criminal Original Petition stands dismissed for the present. 20.11.2024 ham
A.D.JAGADISH CHANDIRA, J.
ham Crl.O.P.No.26810 of 2024
20.11.2024