Madras High CourtCRL OP/21009/2021dismissed

Deenathayalan v. State Rep By

2021-11-09Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Ninth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21009 of 2021 1 DEENATHAYALAN [ PETITIONERS / ACCUSED ] 2 RAJARAM 3 DINESH KUMAR 4 SUBRAMANI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, V-5, THIRUMANGALAM POLICE STATION, CHENNAI.

CRIME NO. 619 OF 2021.

For Petitioner : M/S.P.PRAVEEN KUMAR Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 24.09.2021 for the offences under Section 379 of IPC, in Crime No.619 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 18.09.2021, the defacto complainant had parked her car near Kilpauk Medical College Hospital and thereafter, at about 6.30 p.m., when she returned back, she found the right side rear window of the car was shattered into pieces and the medical equipment kept in the car was stolen which is worth about Rs.70,000/-. Hence the complaint.

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3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they are no way connected with the alleged offence. He would further submit that the petitioners have been suffering incarceration for more than 45 days from 24.09.2021 and there is no previous case against them and that they are prepared to abide by any stringent conditions and would pray for grant of bail to the petitioners.

4.The learned Government Advocate would raise strong objection stating that the property has not been recovered. 5.Considering the nature of offence and the fact that the stolen property has not been recovered and the investigation has not been completed, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 09/11/2021 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, V-5, THIRUMANGALAM POLICE STATION, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL-II, CHENNAI.

CC to M/S.P.PRAVEEN KUMAR Advocate on payment of necessary charges CRL OP.21009/2021 Date :09/11/2021 RW 23/11/2021 https://hcservices.ecourts.gov.in/hcservices/