A.Gopi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twentieth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19436 of 2021 1 A.GOPI [ PETITIONERS / ACCUSED ] 2 MANI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KANDAMANGALAM, VILLUPURAM TALUK, (CRIME NO.309/2021) For Petitioner : M/S.S.ARUNKUMAR 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 07.09.2021 for the alleged offences punishable under Sections 420 and 380 of IPC, in Crime No.309 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners approached the defacto complainant and told that they are taking treatment for the paralysis attacked persons by applying special balm. Believing their words, the defacto complainant allowed them to give treatment to his ailing mother and thereby the petitioners cheated the defacto complainant and stolen 3 sovereigns of gold chain from him. Hence, the complaint.

3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that the petitioners belong to Karnataka State. They earn their livelihood by selling body pain ointment (thailam). He further submits that the first petitioner's father-in-law was manufacturing siddha medicines such as body pain balms and selling the same. Due to which, the petitioners came to Tamil Nadu by their two wheeler for selling the above medicines. When they were in Kandamangalam, Villupuram Taluk, Villupuram District, the respondent police foisted a false against these petitioners. Thereafter, the petitioners made a complaint against the respondent police.

Due to vengeance, false cases have been registered against the petitioners Therefore, he prays for grant of bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submits that the petitioners are not qualified Siddha Doctors. They have cheated the defacto complainant by giving treatment to his ailing mother and stolen 3 sovereigns of gold. That apart, the petitioners are involved in two previous cases at different police stations. Hence, he vehemently opposed for grant of bail to the petitioners. 5.Considering the fact that two previous cases are pending as against the petitioners, this Court is not inclined to grant bail to the petitioners.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/10/2021 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 OFFICER INCHARGE, VEDAMPATTU DISTRICT JAIL, 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, KANDAMANGALAM, VILLUPURAM TALUK, CC to M/S.S.ARUNKUMAR Advocate on payment of necessary charges CRL OP.19436/2021 Date :20/10/2021 RW 02/11/2021