Madras High CourtCRL OP(MD)/654/2024dismissed

Thenpandiyan v. The Inspector Of Police

2024-01-31Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirty First day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI THENPANDIYAN ... Petitioner / Accused Rank not known Vs THE INSPECTOR OF POLICE KUNDRAKUDI POLICE STATION, SIVAGANGAI DISTRICT, (CRIME NO.158/2023) ... Respondent / Complainant For Petitioner :

M/s.A.Joseph Jerry, Advocate For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER : FOR BAIL IN CRIME NO.158/2023 ON THE FILE OF THE RESPONDENT POLICE ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 02.12.2023 for the offence punishable under Sections 364(A) IPC @ 395, 364(A) IPC @ 395, 364(A), 120(b) IPC in Crime No.158 of 2023, seeks bail.

2. The case of the prosecution is that the petitioner conspired with other accused persons and kidnapped the defacto complainant and committed decoity of 1/3

Rs.45,00,000/-. Hence, this complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and on the basis of the confession statement of the other accused, this petitioner has been implicated in this case, but he did not involved in such activities. Hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that out of Rs.45,00,000/-, Rs.27,50,000/- was recovered and the balance amount was not recovered from the accused persons.

5. Considering the facts and circumstance of this case and also considering the fact that only Rs.27,50,000/- was recovered and the balance amount of Rs.17,50,000/- was not recovered from the accused persons, I am not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 31/01/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU 2/3

To 1.The Inspector of Police, Kundrakudi Police Station, Sivagangai.

2.The Officer Incharge, District Prison, Ramnad.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN Date :31/01/2024 ED/JGB /SAR- (06/02/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3