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Madras High CourtCRL OP/24097/2022dismissed

N.Tamilselvan v. The State By Its,

2022-10-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.OP.No.24097 of 2022 Crl.OP.No.24097 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 10.06.2022 on execution of Non-Bailable Warrant issued by the learned District Munsif Cum Judicial Magistrate, Madathukulam for the offence under Sections 392 read with 34 of IPC pending trial in C.C.No.73 of 2019 in respect of Crime No.110 of 2017 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused snatched the gold covering chain and had half a gram gold of Thali, worn by the defacto complainant and escaped from the place of occurrence. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the offence as alleged by the prosecution. He would further submit that this the second bail petition filed by the petitioner. Earlier petition filed by the petitioner was dismissed on 30.08.2022 in Crl.O.P.No.20335 of 2022. Hence, he prays for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor submitted that the petitioner along with other accused snatched the gold covering chain and had half a gram gold of Thali, worn by the defacto complainant and escaped from the place of occurrence. He also submitted that the petitioner is having seven previous cases pending against him. He further submitted that the Trial has commenced in C.C.No.73 of 2019. Hence, he opposed grant of bail to the petitioner. G.K.ILANTHIRAIYAN, J.

https://www.mhc.tn.gov.in/judis

Crl.OP.No.24097 of 2022 mn

5. Taking into consideration of the facts and circumstances of the case and the bad antecedents of the petitioner and that there is no change of circumstances after the previous dismissal order was passed on merits, this Court is not inclined to grant bail to the petitioner. However, the Trial Court is directed to complete the trial, within a period of three months from the date of receipt of a copy of this order.

6. Accordingly, this Criminal Original Petition is dismissed. 10.10.2022 mn Crl.OP.No.24097 of 2022 https://www.mhc.tn.gov.in/judis