Sivanantham v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11445 and 11446 of 2016 SIVANANTHAM ... PETITIONER/ACCUSED IN CRL OP(MD).No.11445/16 RAJKUMAR ... PETITIONER/ACCUSED IN CRL OP(MD).No.11446/16 Vs THE STATE REP.BY INSPECTOR OF POLICE DINDIGUL TALUK POLICE STATION, DINDIGUL.(CR.NO. 315 OF 2016) ... RESPONDENT/COMPLAINANT IN BOTH PETITIONS For Petitioner : M/S R.T.ARIVUKUMAR Advocate For Respondent : M/S.P.KANNITHEVAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners who are arrayed as accused were arrested and remanded to judicial custody on 28.05.2016 for the alleged offences punishable under Sections 457 and 380 of IPC, in Crime No.315 of 2016, on the file of the respondent police and hence, seek bail. 2.The case of the prosecution is that on 14.05.2016, the petitioners broke open the fertilizers godown belonging to the defacto complainant at Thomailyarpuram, Dindigul and stolen the 54.5 Tonnes of fertilizers packages worth Rs.13,30,072/-. On complaint, a case has been registered against the petitioners.
3. The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and the petitioners are in judicial custody from 28.05.2016. He further contended that the names of the petitioners is not found in FIR and prayed for enlarging the petitioners on bail.
4.The learned Government Advocate(Crl.side) submitted that the properties are not yet recovered and the investigation of the case is in preliminary stage. He further submitted that if the petitioners are enlarged on bail they will tamper the evidence and https://hcservices.ecourts.gov.in/hcservices/
hamper the investigation.
5. Considering the facts and circumstances of the case and also considering the fact that the properties are not yet recovered and that the investigation is in preliminary stage, this Court is not inclined to enlarge the petitioners on bail.
6. Accordingly, the Criminal Original Petitions are dismissed sd/- 13/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE, DINDIGUL TALUK POLICE STATION, DINDIGUL.
2 THE OFFICER INCHARGE, SUB JAIL, DINDIGUL.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.. trp JA-KBM/SAR.I/21.7.2016/2P:4C ORDER IN CRL OP(MD) No.11445 and 11446 of 2016 Date :13/07/2016 https://hcservices.ecourts.gov.in/hcservices/