Madras High CourtCRL OP/21105/2021dismissed

Kirankumar v. The State Rep By

2021-11-10Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Tenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21105 of 2021 1 KIRANKUMAR [ PETITIONERS / ACCUSED ] 2 SRIMANTH 3 PREVEENKUMAR Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, BERIGAI POLICE STATION, KRISHNAGIRI DISTRICT CRIME NO.118 OF 2021 For Petitioners : M/S.S.VARANESH Advocate For Respondent : MR.N.S.SUGANTHAN, 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 22.10.2021 for the alleged offences punishable under Section 392 @ 397 of IPC in Crime No.118 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners/accused have robbed a sum of Rs.2,27,270/- from the defacto complainant at knife point and ran away from the place of occurrence. Hence, the complaint.

3. The learned counsel for the petitioners submits that the respondent police registered a case in FIR No.118 of 2021 under Section 392 of IPC dated 19.07.2021 and as per the FIR, the accused not known to the defacto complainant and subsequently, the FIR has been altered by the respondent police under Section 397 of IPC and https://hcservices.ecourts.gov.in/hcservices/

thereafter, the petitioners were arrayed as Accused Nos.1 to 3. He further submits that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submits 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 considering the submissions made by both counsel and also the fact that 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/- 10/11/2021 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, BERIGAI POLICE STATION, KRISHNAGIRI DISTRICT 2 THE OFFICER INCHARGE, SUB JAIL, DHARMPURI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.VARANESH Advocate on payment of necessary charges CRL OP.21105/2021 Date :10/11/2021 JPA 19/11/2021 https://hcservices.ecourts.gov.in/hcservices/