Prakash v. The State Rep By
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 23.09.2022 for the alleged offence under Sections 363 and subsequently altered into Sec.363, 302 I.P.C. in Crime No.193 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner herein is claimed to be a Manager working under the deceased, who was a financier and out of dispute over money transaction, the petitioner at the instigation engaged other co-accused and alleged to have kidnapped the deceased in a vehicle on demand of ransom to a secluded place and when the said demand was not fulfilled, he along with other accused said to have hacked him to death. Hence, the complaint.
3. The learned counsel for the petitioner submitted that there is no specific overtact attributed against the petitioner 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 23.09.2022. Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner was detained under Goondas Act. He would submit that if he is released on bail, he would tamper the witnesses and hamper the investigation and the investigation is at the preliminary stage. 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 also considering gravity of offence committed by the petitioner, a detailed investigation is required in this case
and also considering the fact that he was detained under Goondas Act, and 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. 23.12.2022 rpp
T.V.THAMILSELVI, J.
rpp 23.12.2022