Madhukumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Ninth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.11844 of 2021 MADHUKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KELAMANGALAM POLICE STATION, KRISHNAGIRI DISTRICT.

For Petitioner : M/S. E.KANNADASAN 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 14.06.2021 for the alleged offence under Sections 341, 392 read with Section 392, 397 of IPC subsequently altered into 395, 397 of IPC in Cr.No.134 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused persons entered into the house of the defacto complainant and committed theft of Rs.5,000/- cash and 9 sovereigns of gold articles with knife point. Based on the complaint, the respondent police registered a case against the petitioner along with other accused persons.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant bail.

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4.The learned Government Advocate submitted that the respondent police has been recovered a sum of Rs.5,000/- cash and half sovereigns of old from the petitioner and further submitted that there is a previous case pending against the petitioner. Hence, he vehemently opposed to grant bail to the petitioner.

5.Considering the fact that the petitioner is a habitual offender and there is a previous case pending against the petitioner and the property was also not recovered, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. -sd/- 09/07/2021 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 INSPECTOR OF POLICE, KELAMANGALAM POLICE STATION, KRISHNAGIRI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERIENDENT CENTRAL PRISON,SALEM.

CC to M/S. E.KANNADASAN Advocate on payment of necessary charges CRL OP.11844/2021 Date :09/07/2021 CSK 19/07/2021 https://hcservices.ecourts.gov.in/hcservices/