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Madras High CourtCRL OP(MD)/3171/2023dismissed

Hakmuddin v. The Inspector Of Police

2023-02-20Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD). No.3171 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/02/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.3171 of 2023

1. Hakmuddin,

2. Shekul,

3. Irfan,

4. Zubair,

5. Nasir, ... Petitioners/Accused Nos.Not Known Vs The Inspector of Police, Koodalpudur Police Station, Madurai City.

(Crime No.46/2023). ... Respondent/Complainant For Petitioners : M/s.MALALI RAJA. J, Advocate for Spicy Law Firm For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.46/2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners /accused who was arrested and remanded to judicial custody on 22.01.2023 for the offences under sections 332,336,353 and 307 of IPC in Crime No.46 of 2023 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioners along with other accused committed theft of cattle in a TATA 407 van bearing Reg. No. RJ 14 GJ1915, 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 due to quarrel https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.3171 of 2023 with the police officer a false case has been registered.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners are from North India and they are habitual offenders involving in theft of cattle and they have three previous cases. He would further submit that there are CCTV footage available to show that the petitioners involved in the offence. He would further submit that the investigation is in preliminary stage and if the accused persons are released on bail, there is every possibility of absconding again, hence he objected to grant bail to the petitioner.

5. Heard. Perused the materials available on record including the First Information Report.

6. Taking into consideration of the facts and submissions made by the learned counsels and also taking note of the fact that the investigation is in preliminary stage, this Court is not inclined to grant bail to the petitioners at this stage.

7. Hence the petition stands dismissed.

sd/- 20/02/2023 / 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, Koodalpudur Police Station, Madurai City.

2. The Superintendent, Central Prison, Madurai.

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

ORDER

IN CRL OP(MD) No.3171 of 2023 Date :20/02/2023 VA/SBN/SAR-2/27.02.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2