Madras High CourtCRL OP(MD)/1416/2023dismissed

Vigneshkannan v. The Inspector Of Police

2023-02-06Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD). No.1416 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/02/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.1416 of 2023 Vigneshkannan ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Kumbakonam East Police Station, Thanjavur District (Crime No. 935 of 2022). ... Respondent/Complainant For Petitioner : M/s.Karunakaran.K.M., Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.935 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 14.11.2022 for the offence punishable under Section 380 IPC in Crime No.935 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 13.11.2022, one unknown person had trespassed into the defacto complainant's house and snatched 11 sovereigns of gold jewels from the defacto complainant.

3. The learned counsel for the petitioner would submit that the https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.1416 of 2023 petitioner's name does not find place in the FIR. He would further submit that this is the second application for bail and the earlier petition was dismissed by this Court on 28.12.2022 and the petitioner is in judicial custody from 14.11.2022, hence he seeks bail.

4. The learned Additional Public Prosecutor would submit that the petitioner is a habitual offender and he is having 11 previous cases and all the cases are relating to the offence of theft and the investigation is still pending.

5.Considering the above facts and circumstances of the case and also the fact that the petitioner is having 11 previous cases, this Court is not inclined to grant bail to the petitioner.

6. In the result, this Criminal Original Petition is dismissed.

sd/- 06/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO

1. The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

2. The Superintendent, Central Prison, Trichy.

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

ORDER

IN CRL OP(MD) No.1416 of 2023 Date :06/02/2023 VA/SSS/SAR-4/13.02.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2