Madras High CourtCRL OP/24071/2021dismissed

Vimala v. State

2021-12-13Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of December Two Thousand Twenty One PRESENT THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.24071 of 2021 VIMALA [ PETITIONER / ACCUSED ] Vs STATE [ RESPONDENT ] THE INSPECTOR OF POLICE, SALEM TOWN CRIME POLICE STATION, SALEM DISTRICT.

(CRIME NO. 24 OF 2021) For Petitioner : M/S.S. RAMESH KUMAR 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 petitioner who was arrested and remanded to judicial custody on 23.09.2021 for the offence under Section 379 of IPC, 1860 in Crime No. 24 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 04.08.2021, to attend a function at Salem, the defacto complainant along with his wife had travelled in a bus with a bag containing gold ornaments, cash of Rs.2500/- and a cell phone and at about 5 p.m., while they were walking from Salem Patai Kovil Bus Stop to go to Shri Vaishnava Saba, they found their gold ornaments, cash and cell phone missing. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and she is no way connected with the alleged offence. He would further submit that the petitioner along with other accused had filed a bail application in Crl.O.P.No.21672 of 2021 and the same was allowed as against the co-accused by order dated 18.11.2021 but, dismissed as against the petitioner on the ground of antecedents and that the petitioner has been suffering incarceration for more than 80 days from 23.09.2021. Hence, he would pray for grant of bail to the petitioners.

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4.The learned government Advocate (Crl. Side) would raise strong objection stating that the petitioner/A2 is a habitual offender and she has got 4 previous cases but admits that the properties have been recovered.

5. On seeing the nature of allegation levelled against the petitioner and the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 13/12/2021 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 SUPERINTENDENT, CENTRAL PRISON, SALEM.

2 THE INSPECTOR OF POLICE, SALEM TOWN CRIME POLICE STATION, SALEM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S. RAMESH KUMAR Advocate on payment of necessary charges CRL OP.24071/2021 Date :13/12/2021 MK:22/12/2021 https://hcservices.ecourts.gov.in/hcservices/