Hariharan v. The Inspector Of Police

CRL OP(MD). No.306 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/01/2021 PRESENT The Hon`ble Mr.Justice K. MURALI SHANKAR CRL OP(MD). No.306 of 2021

1. Hariharan

2. Solaisamy ... Petitioners/Accused Nos.A2 & A3 Vs The State Rep.by The Inspector of Police, Aruppukkottai Town Police Station, Virudhunagar District.

(Crime No.390/2020).

... Respondent/Complainant For Petitioners : Mr.P.Balasubramanian, Advocate.

For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail Crime No.390 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners/A2 and A3 , who were arrested and remanded to judicial custody on 19.11.2020 for the offences punishable under Sections 392 @ 120(B), 397 of IPC on the file of the respondent police seek bail.

2.The case of the prosecution is that the defacto complainant is living with her husband and two children. On 10.11.2020 at about 08.30 pm., when the defacto complainant was in her house along with her children the petitioners along with two other accused persons conspired among themselves to commit robbery from the defacto complainant's house, entered into the house of the defacto https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.306 of 2021 complainant in the guise of giving invitation and asked water from her, when she was giving water one of the accused shut up her mouth and put the knife on her neck and snatched the gold chain worth about 4 3⁄4 sovereigns and the ear wear about 3 grams and they asked to give key of the bureau by threatening on the knife point and they committed theft of 31 1⁄2 sovereigns of gold jewels which were kept in the bureau.

3.This is the second bail petition and the earlier petition was dismissed by this Court on 22.12.2020 in Crl.O.P(MD) No.15386 of 2020.

4. Taking into consideration the fact that there is no change in circumstances of the case and also taking into consideration the gravity of offence allegedly committed by the petitioners, this Court is not inclined to grant bail to the petitioners.

5. In the result, the petition stands dismissed. sd/- 11/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 2 THE INSPECTOR OF POLICE, ARUPPUKKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.306 of 2021 Date :11/01/2021 AAV AE/JC/SAR-II (19/01/2021) 2P / 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2