Madras High CourtCRL OP/18970/2021dismissed

Athesh v. The State Rep By

2021-10-26Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18970 of 2021 ATHESH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE STATION HOUSE OFFICER, RAMANATHAM POLICE STATION, CUDDALORE DISTRICT CRIME NO.256/2021 For Petitioner : M/S.K.KANNAN 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 10.08.2021 for the offence punishable under Sections 392 and 394 of IPC in Crime No.256 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 had waylaid the defacto complainant with knife and robbed a sum of Rs.93,000/- from him. Hence, the complaint. 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. He further submitted that the petitioner has been in jail from 10.08.2021. He further submitted that co-accused had already been released on bail by this Court in Crl.O.P.No.18270 of 2021 dated 01.10.2021. Hence, he prays for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Criminal Side) submitted that only Rs.42,500/- has been recovered and the balance amount not yet recovered. He further submitted that the investigation is still pending. Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the facts and circumstances of the case and also the fact that the balance amount was not recovered and the investigation is still pending, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 26/10/2021 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 STATION HOUSE OFFICER, RAMANATHAM POLICE STATION, CUDDALORE DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

CC to M/S.K.KANNAN Advocate on payment of necessary charges CRL OP.18970/2021 Date :26/10/2021 RW 18/11/2021 https://hcservices.ecourts.gov.in/hcservices/