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Madras High CourtCRL OP(MD)/2823/2023dismissed

M.Santhoshkumar @ Tongan Santhosh v. The Inspector Of Police

2023-02-13Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD). No.2823 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/02/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.2823 of 2023 M.Santhoshkumar @ Tongan Santhosh ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Jaihindpuram Police Station, Madurai.

Cr.No.37 of 2023.

... Respondent/Complainant For Petitioner : M/s.Dinesh.K., 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. 37 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 20.01.2023 for the offence punishable under Sections 392,397 and 506 (ii) of IPC in Crime No.37 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 20.01.2023 at about 5.30 am, when the defacto complainant was coming along with one Ramesh near T.P.K.road the petitioner along with other accused at knife point threatened the defacto complainant and robbed a sum of Rs.370/- from his pocket and also threatened him with dire consequences, hence the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner is in judicial custody from 20.01.2023, hence he seeks bail. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.2823 of 2023 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is a habitual offender and against whom seven cases are pending and he was arrested recently only on 20.01.2023. He would further submit that the finger prints have been collected from the accused persons and they have been sent for comparison and the investigation is at the nascent stage, hence he seeks dismissal of the petition. 5.Heard. Perused the materials available on record including the First Information Report.

6.Taking into consideration of the facts and circumstances of the case and also taking into consideration the bad antecedants of the petitioner, this Court is not inclined to grant bail to the petitioner.

7.Hence the petition stands dismissed.

sd/- 13/02/2023 / 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, Jaihindpuram Police Station, Madurai.

2.The Officer incharge, District Jail, Theni. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.2823 of 2023 Date :13/02/2023 RS/SSS/SAR.2(15.02.2023) 2P-4C https://www.mhc.tn.gov.in/judis 2/2