← Library
Madras High CourtCRL OP/32388/2022dismissed

Praveen Kumar v. State Rep By, Chennai

2023-01-02Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The 1st petitioner, who was arrested on 15.11.2022 and 2nd petitioner was arrested on 22.11.2022 for the alleged offence under Sections 342, 392, 397, 448 and 506(ii) of I.P.C. and subsequently it was altered into Sec.120(B), 342, 392, 397, 448 and 506(ii) of I.P.C. in Crime No.334 of 2019 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 24.08.2019 at 08.15 p.m. the petitioner along with other accused said to have went to the defacto complainant's house and crabbed a sum of Rs.2,00,000/- at knife point. Hence, the complaint.

3. The learned counsel for the petitioners submitted that they have not at all committed any offence as alleged by the respondent police and they are no way connected with the offence. He would submit that they have been falsely implicated in this case. He would submit that investigation

is almost completed and that the petitioners have been suffering incarceration from 15.11.2022 and 22.11.2022 respectively. Hence, he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the occurrence is in the year of 2019 and for the past three years, they are absconding. He would submit that totally, there are 11 accused involved in this case and the petitioners are arrayed as A6 and A11. He would further submit that there are 7 previous cases pending against 1st petitioner and there are 11 previous cases pending against the 2nd petitioner and they are notorious persons. He would submit that after securing them only, the investigation is almost completed. He would also submit that if they are released on bail, they would tamper the witnesses and hamper the investigation. 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 gravity of offence

committed by the petitioner, and also considering the fact that only after 3 years, they have been secured and now only there is a progress in the trial and there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed. 02.01.2023 rpp

T.V.THAMILSELVI, J.

rpp 02.01.2023