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Madras High CourtCRL OP/29135/2024dismissed

Surya v. State Rep By

2024-11-21Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.No.29135 of 2024 A.D.JAGADISH CHANDIRA, J.

Petition seeking bail in respect of Crime No.265 of 2024 registered for the offences punishable under Sections 306, 308(2), 351(2) of BNS r/w Section 66A of Information Technology Act, is on board for consideration.

2. The incarceration of the petitioner being from 04.10.2024 pleading innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner was working as a Driver cum Collection Agent under the de facto complainant and due to some misunderstanding, the de facto complainant has given a false complaint against the petitioner and others. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner, who was employed under the de facto complainant, along with other accused attempted to misuse the debit card of the de facto complainant's wife and by threatening the de facto complainant, extorted a sum of Rs.3lakhs from him on various dates and also taken away the de facto complainants car. He further submits that no recovery was made from the accused and the investigation is still pending. https://www.mhc.tn.gov.in/judis

A.D.JAGADISH CHANDIRA, J.

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4. The learned Government Advocate (Criminal Side further submits that the petitioner is a habitual offender, against whom, 11 previous cases are pending, therefore, if the petitioner is released on bail, there is a possibility of him absconding and would threaten the witnesses.

5. Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and taking note of the gravity of the offence committed by the accused and also considering the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner

6. Accordingly, the Criminal Original Petition stands dismissed for the present. 21.11.2024 ham Crl.O.P.No.29135 of 2024 https://www.mhc.tn.gov.in/judis