Madras High CourtCRL OP/28306/2024dismissed

Purushothaman v. The State Rep. By

2024-11-13Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.No.28306 of 2024 A.D.JAGADISH CHANDIRA, J.

This Criminal Original Petition has been filed by the petitioner/A1, who was arrested and remanded to judicial custody on 25.10.2024, seeking bail in Crime No.223 of 2024 registered for Man missing and later, altered for the alleged offences punishable under Sections 342, 346, 294(b), 323, 364, 307 IPC.

2. The case of the prosecution is that due to previous enmity, the accused had kidnapped the de facto complainant's husband, kept him in illegal detention and attempted to murder him. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has not committed any offence as alleged by the prosecution, however, he has been suffering incarceration from 25.10.2024 and the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while objecting for grant of bail to the petitioner, submitted that the accused had kidnapped the husband of the de facto complainant, kept him in illegal detention and attempted to murder him. He further submitted that there are eleven accused in this case and the investigation in this case is still pending and further, other than the petitioner/A1 and A2, all other accused are still absconding. Therefore, if the petitioner is released on bail, there is a possibility of him absconding and not available for further investigation. https://www.mhc.tn.gov.in/judis

A.D.JAGADISH CHANDIRA, J.

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5. Heard both sides and perused the materials available on record.

6. Taking into consideration the facts and the submissions made by the learned Government Advocate (Criminal Side) that the investigation in this case is pending and also considering that the remaining accused are still absconding, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed for the present. 13.11.2024 ham Crl.O.P.No.28306 of 2024 https://www.mhc.tn.gov.in/judis