Vasanthi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI VASANTHI ... PETITIONER/SOLE ACCUSED Vs THE INSPECTOR OF POLICE THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT, CRIME NO.202/2023 ... RESPONDENT/COMPLAINANT For Petitioner :

M/S.K.SIVATHARSANA, Advocate For Respondent :

MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER : FOR BAIL IN CRIME NO.202 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 05.10.2023 for the offences punishable under Section 380 of IPC, in Crime No.202 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 29.09.2023, the petitioner along with other accused committed theft of 14 3⁄4 sovereigns of gold chain from the house of the defacto complainant. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any such offences as alleged by the prosecution. Further, 1/3

the petitioner is in custody from 05.10.2023. The investigation has been completed and Charge Sheet has been filed before the concerned Court in C.C.No.721 of 2023. Hence, he prays to grant bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that nine previous cases are pending against the petitioner in similar nature and the trial is in progress. If the petitioner is released on bail, he may abscond and the trial process may be affected. The earlier bail petition filed by the petitioner was dismissed by this Court, vide order dated 17.11.2023, considering the previous bad antecedent of the petitioner. Hence, he opposed to grant bail to the petitioner. 5.Heard. Perused the materials available on record including the First Information Report.

6. Considering the facts and circumstances of the case and also considering the previous bad antecedent of the petitioner there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. sd/- 05/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE INSPECTOR OF POLICE, THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT.

2 THE SUPERINTEDENT, CENTRAL JAIL (WOMEN), MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :05/01/2024 RS/JGB/SAR-(23.01.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3