Madras High CourtCRL OP/20326/2020dismissed

M.Nagarajan v. The State Rep. By

2020-12-30Honourable Mr Justice V.Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.12.2020 CORAM :

THE HON'BLE Mr. JUSTICE V.SIVAGNANAM CRL.O.P.Nos.20326 & 20329 of 2020 M.Nagarajan ... Petitioner in Crl.O.P.Nos.20326/2020 C.Babu ... Petitioner in Crl.O.P.No.20329/2020 Vs.

The State, Rep. by the Inspector of Police, Kalambur Police Station, Thiruvannamalai District.

[Crime No. 2707 of 2020] ... Respondent in both Crl.O.Ps COMMON PRAYER: Criminal Original Petitions filed under Section 439 of Criminal Procedure Code to enlarge the petitioners on bail in Crime No.2707 of 2020 pending on the file of the respondent police. For Petitioner in both Crl.O.Ps : Mr.S.B.Viswanathan For Respondent in both Crl.O.Ps : Mr.K.Madhan Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioners, who were arrested and remanded to judicial custody on 28.11.2020 for the offences punishable under Sections 363 and 366-A of the Indian Penal Code, in Crime No.2707 of 2020, on the file of the respondent police, seek bail.

2. The case of the prosecution is the petitioners along with A1 abducted the minor daughter of the defacto complainant.

3. The learned Counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in these cases since they are the friends of A. He would further submit that the petitioners have been suffering incarceration from 28.11.2020. Hence, he prays for grant of bail. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) would vehemently oppose stating that the petitioners are the friends of A1 and that they petitioners have confessed that they helped A1 to elope along with the victim girl. He would further submit that A1 is still absconding and the victim girl has not been secured.

5. Considering the grave nature of the offence and the circumstances of the offence committed and the fact that the main accused is still absconding and the victim girl has not been secured, I am declined to grant bail to the petitioners

6. Accordingly, this Criminal Original Petition stands dismissed. -sd/- 30/12/2020 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 OFFICER INCHARGE SUB JAIL, POLUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, KALAMBUR POLICE STATION, THIRUVANNAMALAI DISTRICT.

CC to M/S. S.B.VISWANATHAN Advocate on payment of necessary charges CRL OPs.20326 & 20329/2020 Date :30/12/2020 cs 11/01/2021 https://hcservices.ecourts.gov.in/hcservices/