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Madras High CourtCRL OP/32063/2022dismissed

Annamalai v. State By, Inspector Of Police,

2022-12-23Honourable Mrs Justice T.V.Thamilselvi3 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 11.11.2022 for the alleged offence under Section 302 of I.P.C. in Crime No.1371 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, the petitioner said to have murdered the defacto complainant' husband. Hence, the complaint.

3. The learned counsel for the petitioner submitted that he has not at all committed any offence as alleged by the respondent police and he is no way connected with the offence. He would further submit that he has been falsely implicated in this case and he will abide by any condition that may be imposed by this Court. He would submit that the investigation is almost completed and the petitioner has been suffering incarceration for more than 41 days from 11.11.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that there are 17 previous cases pending against the petitioner and he is habitual offender hails from other District. He would submit that the investigation is in preliminary stage and 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 there are 17 previous cases pending against the petitioner and the investigation is in preliminary stage and also 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.

23.12.2022 rpp

T.V.THAMILSELVI, J.

rpp 23.12.2022