Madras High CourtCRL OP/538/2022dismissed

Suresh @ Sullan Suresh v. The State Rep By

2022-01-11Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Eleventh day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.538 of 2022 IN C.C.NO.1421 of 2020 (ON THE FILE OF THE JUDICIAL MAGISTRATE COURT NO.I, COIMBATORE) SURESH @ SULLAN SURESH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, M-4, THUDIYALUR POLICE STATION, COIMBATORE.

CRIME NO.394/2019 For Petitioner : M/S.M.VINOTH Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 19.02.2020 for the offences under Sections 454 and 380 of IPC and altered into Section 380, 414, 454, 34 of IPC in C.C. No.1421 of 2020 on the file of the Judicial Magistrate Court No.I, Coimbatore, seeks bail.

2.The case of the prosecution is that the petitioner has stolen 167.75 sovereign of Gold jewels form the defacto complainant house. Hence, the complaint.

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3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that he has been suffering incarceration for more than 20 months from 19.02.2020. Hence, he prays for grant of bail. 4.The learned Government Advocate (Crl.Side) raised objection stating that petitioner is having 19 previous cases. He further submitted that 50 sovereigns of gold is yet to be recovered.

5. Considering the facts and circumstances of the case and also the fact that petitioner is having 19 previous cases, this court is not inclined to grant bail to the petitioner.

6. Accordingly, the petition seeking bail is dismissed. -sd/- 11/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, COIMBATORE.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE INSPECTOR OF POLICE, M-4, THUDIYALUR POLICE STATION, COIMBATORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.VINOTH Advocate on payment of necessary charges CRL OP.538/2022 Date :11/01/2022 RW 24/01/2022 https://hcservices.ecourts.gov.in/hcservices/