Sunilramshabd Prajapati v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2020
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.Nos.18669 and 18706 of 2020 1.Sunil Ram Shabd Prajapati .. Petitioners 2.Ankesh Gupta in Crl.O.P.18669/20 3.Mohammad Ayud Khan 4.Laxman Vasanth Ghule 5.Aamir Ahmed Shafiullah Quresh Gulam Gous Qureshi .. Petitioner in Crl.O.P.18706/20 Vs.
The State rep. By .. Respondent The Inspector of Police in both petitions Salvakkam Police Station Kancheepuram District Crime No.1190 of 2020 Common Prayer: Criminal Original Petitions filed under Section 439 of Criminal Procedure Code, praying to enlarge the petitioners on bail in Crime No.1190 of 2020 on the file of the respondent police. For Petitioners in Crl.O.P.18669 : Mr.Swamisubramanian For Petitioner in Crl.O.P.18706 : Mr.P.Alexander For Respondent in both petitions : Mr.T.Shanmuarajeswaran Government Advocate(Crl.Side) COMMON ORDER (The case has been heard through video conference) The petitioners, who were arrested and remanded to judicial custody on 08.10.2020, for the alleged offences under Sections 457, 380, 395 and 397 of IPC, in Crime No.1190 of 2020 on the file of the respondent police, seeks bail. The case of the prosecution is that all the accused hail from Maharashtra and through google map they found that Kanish Gold
Private Limited stopped the business 2 years back and thereafter, it had been closed. Since the petitioners finding gold factory that there would be gold kept in the factory to commit robbery and now all the six accused had taken a flight from Maharashtra and came to the place of occurrence. A4 to A6 were waiting in the Car near the place. A1 to A6 broke open the door and entered into the premises and found no gold inside the premises. Thereafter, these people who are from Maharashtra found that in the gold factory spilling gold will be there during manufacturing process and the spilling gold deposited in the manufacturing area and collected the sand of 30 kgs and at that time, A1 to A3 were caught red handed and through them, it came to light about A4 to A6, who were about to flee to Maharashtra and they were apprehended in the Airport.
3. The learned counsel for the petitioners would submit that the petitioners were arrested on the same day i.e on 08.10.2020 and they are in prison for more than 54 days. He would further submit that no gold was robbed from the scene of occurrence and it was only the sand which has been collected there and it has been seized in this case. He would further submit that investigation in this case is almost over and the petitioners are willing to offer local sureties. Hence, he prays to grant bail to the petitioners.
4. The learned Government Advocate (Crl. Side) would submit that in this case, occurrence took place on 08.10.2020 at about 2.00 a.m. All the six accused came from Maharashtra and A4 to A6 were standing guard and A1 to A3 broke open the door and entered into the Kanish Gold Private Limited and the place was identified through google map finding that a gold factory stopped functioning and no gold would be manufactured and collected the sand. The petitioners armed with deadly weapons had broke open the door and entered into the premises and committed the offences. A1 to A3 were caught red handed from the scene of occurrence and A4 to A6 escaped from the scene of occurrence. Later, A4 to A6 were caught while fleeing in the airport. He would further submit that the investigation is not yet completed.
The respondent police suspected larger conspiracy, normally people from Maharashtra are involving in the process of making goldsmith work and they were aware about the spilled gold. Further, the involvement of the local accused are also being investigating and the investigation is in crucial stage and all the six accused hail from Maharashtra. Hence, he strongly opposed to grant bail to the petitioners.
5. Heard both sides.
6. Considering the rival submissions and the modus operandi carried out by the accused in a very planned manner and that they had taken a flight ticket and come to Chennai and stayed in Kancheepuram and went to the scene of occurrence and broke open the door and entered into the premises at knife point and thereafter, they were caught red-handed by the police and that the involvement of the other accused are being investigated and that all
the six accused are hailing from Maharashtra, in view of the same, this petition is liable to be dismissed.
7. Accordingly, this Criminal Original Petition stands dismissed.
-sd/- 01/12/2020 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, SALVAKKAM POLICE STATION, KANCHEEPURAM DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.
CC to M/S.SWAMISUBRAMANIAN Advocate on payment of necessary charges CC to M/S.P.Alexander Advocate on payment of necessary charges CRL OP.18669 & 18706 /2020 Date :01/12/2020 MN-15/12/2020