Pandiyan v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.05.2021

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.No.9665 of 2021

1. Pandiyan ... Petitioners

2. Vediyappan Vs.

State represented by ... Respondent The Inspector of Police, Nallanpillaipetral Police Station, Gingee.

Crime No.1385 of 2020.

PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge this petitioner on bail in Crime No.1385 of 2020 on the file of the Respondent Police. For Petitioner : Mr.I.Periaswamy For Respondent : Mr.A.Gopinath Government Advocate (Crl. side)

ORDER

The petitioners who were arrested and remanded to judicial custody on 07.05.2021 for the offences under Sections 395 and 397 I.P.C in Cr.No.1385 of 2020 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners along with other accused theft 220 grams of gold and 2 1⁄2 kg of silver ornaments out of which only 8 sovereigns were recovered. Hence the complaint.

3. The learned counsel for the petitioners submits that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have been in jail from 07.05.2021 Therefore, he prays to grant bail to the petitioners.

4. Learned Government Advocate (Crl. Side) vehemently opposed the submissions of the learned counsel for the petitioners. He further submits that the petitioners who are arrayed as A 6 and A 7, along with other accused theft 220 grams of gold and 2 1⁄2 kg of silver ornaments out of which only 8 sovereigns were recovered. He further submits that there are four previous cases as against A6 and five https://hcservices.ecourts.gov.in/hcservices/

previous cases as against A7. Hence he opposed to grant bail to the petitioners.

5. Considering the nature of offences, this Court is not entertained to grant bail to the petitioners since the case is at the stage of investigation and it is too early for the petitioners to approach this Court for grant of bail. Accordingly, this petition is dismissed.

-sd/- 26/05/2021 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, GINGEE.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, NALLANPILLAIPETRAL POLICE STATION, GINGEE.

5 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

CC to M/S.PERIASWAMY I. Advocate on payment of necessary charges CRL OP.9665/2021 Date :26/05/2021 TA-22/06/2021 https://hcservices.ecourts.gov.in/hcservices/