Madras High CourtCRL OP(MD)/10372/2015dismissed

Ganesan v. The Inspector Of Police

2015-06-11Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10372 to 10381 of 2015 GANESAN ... PETITIONER / ACCUSED No.1 in all Crl.OPs Vs STATE REP.BY THE INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT, CRIME NO.410/2014 ... RESPONDENT / COMPLAINANT in Crl.OP(MD).No.10372/15 CRIME NO.464/2014 ... RESPONDENT / COMPLAINANT in Crl.OP(MD).No.10373/15 CRIME NO.528/2014 ... RESPONDENT / COMPLAINANT in Crl.OP(MD).No.10374/15 CRIME NO.634/2014 ... RESPONDENT / COMPLAINANT in Crl.OP(MD).No.10375/15 CRIME NO.489/2014 ... RESPONDENT / COMPLAINANT in Crl.OP(MD).No.10376/15 CRIME NO.338/2013 ... RESPONDENT / COMPLAINANT in Crl.OP(MD).No.10377/15 CRIME NO.378/2012 ...

RESPONDENT / COMPLAINANT in Crl.OP(MD).No.10378/15 CRIME NO.577/2012 ... RESPONDENT / COMPLAINANT in Crl.OP(MD).No.10379/15 CRIME NO.348/2014 ... RESPONDENT / COMPLAINANT in Crl.OP(MD).No.10380/15 CRIME NO.561/2013 ... RESPONDENT / COMPLAINANT in Crl.OP(MD).No.10381/15 For Petitioner : M/S.G.MARIMUTHU Advocate in all Crl.OPs. For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) in all Crl.OPs.

PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner in Crl.O.P.(MD).Nos.1372 to 10374 of 2015, who is arrayed as A1 in Crime No.410, 464 and 528 of 2014 on the file of the respondent police, was arrested and remanded to judicial custody on 16.10.2014 for the alleged offences punishable under Sections 457 and 380 of I.P.C., and the petitioner in Crl.O.P.(MD).No.10375 of 2014, who is arrayed as A1 in Crime No.634 of 2014 on the file of the respondent police, was arrested and remanded to judicial custody on 16.10.2014 for the alleged offences punishable under Section 392 of I.P.C., and the petitioner in Crl.O.P.(MD).Nos.10376 and 10377 of 2015, who is arrayed as A1 in Crime Nos.489/2014 and 338 of 2013 on the file of the respondent police, was arrested and remanded to judicial custody on 16.10.

2014 for the alleged offence punishable under Section 457, 454 and 511 of I.P.C., and the petitioner in Crl.O.P.(MD).Nos.10278 to 10381 of 2015, who is arrayed as A1 in Crime Nos.378, 577/2012, 348/2014 and 561 of 2013 on the file of the respondent police, was arrested and remanded to judicial custody on 16.10.2014 for the alleged offence punishable under Sections 457 and 380 of I.P.C.,and hence, seeks bail.

2.The case of the prosecution is that on 15.08.2010 the accused trespassed into the house of the de-facto complainant and took away 2 sovereigns jewels and also Rs.13,500/- cash.

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3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and moreover, the respondent has completed the investigation and also filed charge sheets, which were taken on file in C.C.Nos.18/2015, 275/2015, 12/2015, 275/2014, 19/2015, 17/2015, 10/2015, 14/2015, 19/2015 and 10 of 2015 before the learned Judicial Magistrate, Aruppukottai and the trial has been commenced. 4.The learned Government Advocate (Crl.side) vehemently opposed the bail application stating that the investigation has been completed and charge sheet has also been filed before the Trial Court and trial has been commenced and once the petitioner is granted bail, he will not be available for trial.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), this Court is not inclined to grant bail to the petitioner. Hence, the criminal original petitions are dismissed. However, the learned Judicial Magistrate, Aruppukottai shall dispose of the cases within a period of two months from the date of receipt of a copy of this order.

sd/- 11/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ARUPPUKOTTAI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT 3 THE OFFICERS INCHARGE DISTRICT PRISON, VIRUDHUNAGAR 4 THE INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.G.MARIMUTHU Advocate SR.No.30267 Sm:16.06.2015:2P/7C

ORDER

IN CRL OP(MD) No.10372 to 10381 of 2015 Date :11/06/2015 https://hcservices.ecourts.gov.in/hcservices/