Madras High CourtCRL OP/19045/2021dismissed

Nathiya v. State Rep.By

2021-10-08Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eighth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19045 of 2021 NATHIYA [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PERIYAPALAYAM POLICE STATION, THIRUVALLUR DISTRICT.

(CRIME NO.408 OF 2021) For Petitioner : M/S.N.SURIYAMUTHU 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 from 26.07.2021 for the offence punishable under Sections 379 of I.P.C in Cr.No. 408 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 have stolen 8.5 soverigns of gold. Hence, the complaint was registered.

3. The learned counsel for the petitioner submitted that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have been in jail from 26.07.2021. Therefore, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that 8.5 sovereign of jewels were recovered. He further submits that this Court had earlier dismissed the bail application for the petitioner in Crl.O.P.No.15578 of 2021 dated 31.08.2021 and Crl.O.P.No.17032 of 2021 dated 16.09.2021. He further submits that there are 8 previous cases pending against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.

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5. Considering the submission made by the learned Government Advocate and the fact there are eight previous cases pending against the petitioner and earlier this Court had earlier dismissed the bail application for the petitioner in Crl.O.P.No.15578 of 2021 dated 31.08.2021 and Crl.O.P.No.17032 of 2021 dated 16.09.2021 and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. -sd/- 08/10/2021 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, PERIYAPALAYAM POLICE STATION, THIRUVALLUR DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON WOMEN, PUZHAL.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.N.SURIYAMUTHU Advocate on payment of necessary charges CRL OP.19045/2021 Date :08/10/2021 CSK 26/10/2021 https://hcservices.ecourts.gov.in/hcservices/