Dinesh @ Kava Dinesh v. State Of Tamil Nadu

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 20.10.2022 for the alleged offence under Sections 399 and 506(ii) of I.P.C. in Crime No.688 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 20.10.2022 at about 02.30 hrs., when the defacto complainant presented in SOC area, at that time, the petitioner along with 6 other accused preparing to commit dacoity in the scene of occurrence with knife and when the same was seen by the defacto complainant, they assaulted him by using knife and accordingly, he escaped from the scene of occurrence and lodged the complaint.

3. The learned counsel for the petitioner submitted that this is the second petition for bail filed before this court and he has not at all committed any offence as alleged by the respondent police and he is no way connected with the occurrence. He would further submit that the

investigation is almost completed and that the petitioner has been suffering incarceration from 20.10.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that there are 10 previous cases pending against the petitioner. He would also submit that the petitioner along with other accused threatened the defacto complainant when he had seen the accused making preparations for committing robbery. He would also submit that if he is released on bail, he 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 fact that 10 previous cases pending against the petitioner and also considering 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. 14.12.2022 rpp

T.V.THAMILSELVI, J.

rpp 14.12.2022