Kumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twelfth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.734 of 2022 1 KUMAR [ PETITIONERS / ACCUSED ] 2 RAJENDRAN Vs THE STATE REP BY [ RESPONDENT ] SUB INSPECTOR OF POLICE, MECHERI POLICE STATION, SALEM DISTRICT.

CR.NO.653 OF 2021.

For Petitioner : M/S.M.MARIAPPAN Advocate For Respondent : MR. N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 17.12.2021 for the offences under Sections 147, 364(A), 323, 506(II) of IPC, in Crime No.653 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 16.12.2021 at about 8.30 a.m., the petitioners and other accused kidnapped the defacto complainant in Omni car and demanded a sum of Rs.17,00,000/- and attacked him and thereafter, they demanded money from the defacto complainant's family members also and received 3 sovereigns of gold chain from them and thereafter, they dropped the defacto complainant and left from the occurrence place. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that the petitioners have been suffering incarceration for more than 35 days from 16.12.2021. Hence, the learned counsel would pray for grant of anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) would raise strong objection stating that there are totally six accused in this case and the petitioners are A1 and A2 and that the said Omni van which was used by the petitioners for kidnapping was also seized. He would further submit that the injured has been discharged from the hospital and that the investigation is not completed.

5.Considering the grave nature of offence and the fact that the injured has been discharged from the hospital and the vehicle was also seized and that the investigation is at initial stage, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed. -sd/- 12/01/2022 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 SUPERINTENDENT, CENTRAL PRISON, SALEM 2 SUB INSPECTOR OF POLICE, MECHERI POLICE STATION, SALEM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.MARIAPPAN Advocate on payment of necessary charges Sr.634 CRL OP.734/2022 Date :12/01/2022 RVR 31/01/2022 https://hcservices.ecourts.gov.in/hcservices/