Mohamed Rasith v. State Rep. By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Mohamed Rasith Alias Rasith .. Petitioner Vs.

State Rep By:

The Inspector of Police, Uthukuli Police Station, Tiruppur District.

(Cr.No.266/2024) .. Respondent PRAYER: Criminal Original Petition is filed under Section 483 of BNSS, to enlarge the petitioner on bail in pending investigation Crime No.266 of 2024 on the file of the respondent Police.

For Petitioner : Mr.A.Arun For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 06.06.2024, for the offence punishable under Sections 454 & 380 of IPC in connection with Crime No.266 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner is alleged to have Page No.1 of 4

committed the offence of break open and theft of over 11⁄2 sovereign gold jewels in the house of the defacto complainant. Hence the case. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. The petitioner is inside the prison for more than 216 days. He further submitted that the case in CC.No.104/2024 is pending before the District Munsif cum Judicial Magistrate Uthukuli for cross examination of PW1 to PW3. Till now, 11 witnesses have been examined. The petitioner was already in custody for the offence in Cr.No.511/2025, in Palladam police station. In this case, the property has been recovered by the respondent police. Hence detention of the petitioner at this stage is not required. The petitioner is ready to abide by any condition imposed by this court. Hence, he prays for grant of bail.

4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that already the petitioner was arrested in Cr.No.511/ 2025 and there are 21 previous cases of similar in nature pending against him. In the case in CC.No.104/2024, out of 13 witnesses, 11 witnesses have already been examined and charge sheet has been filed. Hence, custodial interrogation of the petitioner is required in this case. If the Page No.2 of 4

petitioner is let out on bail, the investigation will be affected.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Considering the submission made by the learned counsel appearing on either side and grave nature of offence and antecedent of the petitioner, this Court is not inclined to grant bail to the petitioner at this stage. 7.The Trial Court is directed to complete the trial within a month and pronounce Judgment on or before 30.07.2025.

8. In the result, with the above direction, this Petition is dismissed. 17.06.2025 Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

M.NIRMAL KUMAR, J.

gv To Page No.3 of 4

1.The District Munsif cum Judicial Magistrate, Uthukulli.

2.The Inspector of Police, Uthukuli Police Station, Tiruppur District.

3.The Superintendent, Central Prison, Coimbatore 4..The Public Prosecutor, Madras High Court.

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