Mohamed Naseer v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty First day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18693 of 2021 1 MOHAMED NASEER [ PETITIONERS / ACCUSED ] 2 PRABURAM Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PALLAVARAM POLICE STATION, KANCHEEPURAM DISTRICT.

CRIME NO.437 OF 2021.

For Petitioners : M/S.P.DINESH KUMAR, 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 petitioners who were arrested and remanded to judicial custody on 26.08.2021 for the offence under Section 392 of I.P.C. altered to 392, 120B of IPC in Cr.No.437 of 2021 on the file of the respondent police, seeks bail.

2.It is the case of the prosecution that the defacto complainant is working as Supervisor in Oberal Flight Service and when he was travelling in his two wheeler to Chromepet, petitioner along with the other accused is alleged to have waylaid him and took away his cell phone and two wheeler. There was 9 Kgs. of gold in the two wheeler. Hence, he lodged the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and that the co-accused have already been enlarged on bail.

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4.The learned Government Advocate (Crl. Side) would submit that this is a stage drama conducted by the defacto complainant and accused. He further submitted that huge gold blocks were illegally smuggled by the accused and that the case was transferred to Revenue Intelligence and again transferred to National Investigating Agency and further submitted that the matter is serious one. He further submitted that the investigation is in preliminary stage and deep rooted investigation has to be conducted in this case 5.Considering the allegations levelled against the petitioner, this Court is not inclined to grant bail to the petitioners. 6.Accordingly, this criminal original petition is dismissed. -sd/- 21/10/2021 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, PALLAVARAM POLICE STATION, KANCHEEPURAM DISTRICT.

2 THE OFFICER INCHARGE, SUB-JAIL, PONNERI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.P.DINESH KUMAR Advocate on payment of necessary charges CRL OP.18693/2021 Date :21/10/2021 JPA 22/10/2021 https://hcservices.ecourts.gov.in/hcservices/