Sivasakthi @ Sakthivel v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Seventeenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.21564 of 2021 SIVASAKTHI @ SAKTHIVEL [ PETITIONER / ACCUSED ] Vs STATE REP. BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, SANGAGIRI POLICE STATION, SALEM DISTRICT.

(CRIME NO.50/2020) For Petitioner : M/S.V.BALAMURUGAN 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 case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody for the offences under Sections 457 and 392 IPC in Crime No.50 of 2020, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused entered into the house of the dfacto complainant and at knife point snatched 10 sovereigns of gold ornaments and thereafter, removed the Sim from her cell phone and tied her hands and legs with Saree and left from the place. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and that he has been suffering incarceration for more than 95 days. Hence, he prays for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) raised strong objection stating that the petitioner is a habitual offender and he has got 11 previous cases against him and that the stolen property has not been recovered and the investigation is still pending.

5. On seeing the modes operandi 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 petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. -sd/- 17/11/2021 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, SANGAGIRI POLICE STATION, SALEM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM CC to M/S.V.BALAMURUGAN Advocate on payment of necessary charges CRL OP.21564/2021 Date :17/11/2021 TA-30/11/2021 https://hcservices.ecourts.gov.in/hcservices/