Prakash v. The State By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN 1.Prakash 2.Suresh

...Petitioners/Accused 2 & 3

Vs.

State rep by The Inspector of Police, Udumalaipet Police Station, Tiruppur District.

(Crime No.34 of 2024) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioners on bail in connection with C.C.No.165 of 2024 on the file of the Judicial Magistrate No.1, Udumalapettai, Tiruppur. For Petitioners :

Mr.R.Balamuruganantham For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 4

ORDER

This Criminal Original Petition has been filed by the petitioners, who surrendered and remanded to judicial custody on 12.08.2024 and 03.07.2024 respectively, seeking bail in C.C.No.165 of 2024 on the file of the Judicial Magistrate No.1, Udumalapettai, Tiruppur, for the offence under Sections 454, 457 and 380 of IPC @ 457, 380 and 414 of IPC. 2.It is the case of the prosecution that the petitioners along with the other accused trespassed into the house of the defacto complainant and committed theft of 23 sovereigns gold jewels and cash of Rs.1,50,000/-. Hence, the case.

3.The learned counsel for the petitioners would submit that the petitioners are innocent; and that they are in custody from 12.08.2024 and 03.07.2024 respectively and hence, further custody of the petitioners is not required and sought for bail.

Page No.2 of 4

4.The learned Government Advocate (Crl. Side) would reiterate the prosecution case and submit that the petitioners are habitual offenders; that the first petitioner has 28 previous cases and the second petitioner has 17 previous cases similar of nature and opposed for the grant of bail. 5.Heard both side and perused the materials available on record. 6.Considering the nature of allegations and the bad antecedents of the petitioners, this Court is not inclined to grant bail to the petitioners at this stage. Accordingly, this Criminal Original Petition is dismissed. 30.04.2025 ata Page No.3 of 4

SUNDER MOHAN, J.

ata 30.04.2025 Page No.4 of 4