A.Balamurugan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twelfth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice A.A.NAKKIRAN CRIMINAL ORIGINAL PETITION No.11071 of 2022 A.BALAMURUGAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, P-6, KODUNGAIYUR POLICE STATION, CHENNAI.
(CR.NO.280/2022) For Petitioner : M/S.J.F.ARTHUR JOY PRAKASH Advocate For Respondent : MR.A.GOPINATH,Govt. 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 17.03.2022 for the offences under section 323, 364A, 365, 342, 386, & 506(i) of IPC in Crime No.280 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner along with other accused posed themselves as police officials and enquired about the husband of the defacto complainant stating that he is involved in selling methamompetamine drugs and demanded Rs.20,00,000/- from her for not arresting her husband and forceably kidnapped her son along with her sister's son. Hence the complaint.
3. Learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. The defacto complainant's husband had borrowed a sum of Rs.2,00,000/- from the petitioner and when he demanded the same, in order to escape from the liability, a false case has been foisted against the petitioner. He would submit that the petitioner has been suffering incarceration from 17.03.2022. Hence, he would pray for grant of bail.
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4. Learned Government Advocate (Crl. Side) appearing for the respondent would raise strong objection stating that there are totally ten accused involved in this case and the petitioner is arrayed as A2 and he is one of the prime accused in this case. The accused persons posed themselves as police officials and demanded Rs.20,00,000/- from her for not arresting her husband and forceably kidnapped two children. He would further submit that now the victims have been secured. However, the other accused viz., A4 to A10 are still absconding and the petitioner is having two previous cases.
5. Considering the gravity of offence and the antecedents of the petitioner, this court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 12/05/2022 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 INSPECTOR OF POLICE, P-6, KODUNGAIYUR POLICE STATION, CHENNAI.
2 THE SUPERINTENDENT CENTRAL PRISON, PUZHAL.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.J.F.ARTHUR JOY PRAKASH Advocate on payment of necessary charges CRL OP.11071/2022 Date :12/05/2022 CSK 17/05/2022 https://hcservices.ecourts.gov.in/hcservices/