Babum Miayak v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.1660 of 2022 BABUM MIAYAK [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, PALLADAM POLICE STATION, TIRUPPUR DISTRICT CR NO.1990/2021 For Petitioner : M/S.K.MYILSAMY Advocate For Respondent : MR.A.GOKULAKRISHNAN, ADDITIONAL PUBLIC PROSECUTOR 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 20.12.2021 for the offences under Sections 364(A), 365 and 120 of IPC in Crime No.1990 of 2021, on the file of the respondent police seeks bail.
2. The case of the prosecution is that on 15.12.2021, the defacto complainant and two of his friends were taken forcibly in a car by 7 persons who posed themselves as police and later, they taken them to a place at Coimbatore where 5 persons were waiting and they all together tortured them by demanding money and asked them to call their family members and deposit amount in their bank account. One of the friend of the defacto complainant namely Kanjarmunna called his mother and asked her to deposit money and subsequently a sum of Rs.23,000/- was deposited. Again they gave another account number and asked them to deposit Rs.1 lakh. The defacto complainant called his wife and asked her to deposit the same into the account number but the defacto complainant's wife was able to deposit only a sum of Rs.4,500/- and after coming to know that further amount could not be extracted from them, they dropped them in a place at Coimbatore on 18.12.2021. Hence, the complaint.
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3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and that the petitioner has been suffering incarceration for 40 days from 20.12.2021. Hence, he would pray for grant of bail to the petitioner.
4.The learned Additional Public Prosecutor would raise strong objection stating that a gang of persons are involved in this case and the petitioner has got one previous case of same nature. Further, the petitioner belongs to Tripura State and if he is released on bail, there is every possibility of the petitioner getting abscond and tampering the evidence and that the case needs a detailed investigation.
5.On seeing the gravity of offence and the fact that a gang of persons are involved in this case and further, the petitioner belongs to Tripura State and if he is released on bail, there is every possibility of the petitioner getting abscond and tampering the evidence and that the case needs a detailed investigation. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 27/01/2022 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 OFFICER INCHARGE, DISTRICT JAIL, TIRUPPUR 2 THE INSPECTOR OF POLICE, PALLADAM POLICE STATION, TIRUPPUR DISTRICT 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.K.MYILSAMY Advocate on payment of necessary charges CRL OP.1660/2022 Date :27/01/2022 RVR 04/02/2022 https://hcservices.ecourts.gov.in/hcservices/