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Madras High CourtCRL OP(MD)/83/2022dismissed

Paramaguru v. The Inspector Of Police

2022-01-11Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 11/01/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)Nos.83 of 2022 Paramaguru ... Petitioner/Accused No.4 Vs.

State rep.by The Inspector of Police, Kulasekarapatinam Police Station, Thoothukudi District.

(In Crime No.304 of 2021) ... Respondent/Complainant For Petitioner : M/s.P.Balamurugan, Advocate For Respondent : M/s.SS.Madhavan Government Advocate (Crl Side) PETITION FOR BAIL under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.304 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order:- The petitioner, who is arrayed as A4 was arrested and remanded to judicial custody for the alleged offences punishable under sections 342, 294(b), 323, 364-A, 379, 506(2) and 109 IPC, in Crime No.304 of 2021, seeks bail.

2.The case of the prosecution is that on 27/11/2021, the petitioner along with the other accused unlawfully assembled and wrongfully restrained the de-facto complainant and confined him, abused with filthy language and kidnapped him for ransom and stolen a sum of Rs.8,000/- from his shirt pocket and attacked him over his cheat and also made criminal intimidation against him. https://hcservices.ecourts.gov.in/hcservices/

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondent.

4.Perusal of the FIR shows that there was a business transaction between the de-facto complainant and the accused persons. When the financial position of the de-facto complainant was known to the accused persons, they demanded money and kidnapped the de-facto complainant.

5.Now the case of the petitioner is that the petitioner is an engineer by profession and has been falsely implicated in the above said case.

6.Further perusal of the CD file shows that the de-facto complainant was secured by the police, who was on duty, near the occurrence place namely Udankudi Chettiyapathu. On seeing the police, this petitioner appears to have escaped and later he was arrested. So perusal of the CD file shows the involvement of this petitioner. Since the offence that has been alleged serious in nature, even though the petitioner is in custody ever-since from the date of his arrest, considering the gravity of the offence, this court is not inclined to release the petitioner on bail. 7.I absolute find no merit in this application and accordingly, it is liable to be dismissed.

8.In fine, this criminal original petition is dismissed. Sd/- 11/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, KULASEKARAPATLINAM POLICE STATION, THOOTHUKUDI DISTRICT.

2. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.83 of 2022 Date :11/01/2022 SP/JC/SAR IV/20/01/2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/