B.Josvikram v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1632 of 2017 1 B.JOSVIKRAM 2 R.VENIS RAJA 3 Y.STALIN ... PETITIONERS/ACCUSED 2 TO 4 Vs STATE REP.BY, THE INSPECTOR OF POLICE, SAMAYANALLUR POLICE STATION, MADURAI DISTRICT.

CRIMENO.40 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.VIJAYAGOPAL Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners / A2 to A4, who were arrested on 24.01.2017 for the offences punishable under Section 397 IPC in Crime No.40 of 2017 on the file of the respondent police, seek bail. 2.The case of the prosecution is that on 24.01.2017, the petitioners along with other accused filled diesel in the de facto complainant's petrol bunk and failed to pay Rs.1,000/- and also threatened him and robbed a sum of Rs.500/- by showing knife and iron rod.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners after participating in Alanganallur Jallikattu protest, return back to Alanganallur to Madurai road, the respondent Police prevented them and arrested and foisted the present false case against them. He also submitted that no previous case is pending against the petitioners.

4.The learned Government Advocate (Crl. Side) submitted that totally there are 4 named accused and the petitioners are arrayed as A2 to A4 respectively and A1 is still absconding and all the accused https://hcservices.ecourts.gov.in/hcservices/

threatened the de facto complainant and committed robbery. He also submitted that the petitioners were caught red-handed by the de facto complainant along with other persons and handed over to the respondent Police and A1 escaped from the spot. He further submitted that investigation is pending.

5.Considering the facts and circumstances of the case and considering the fact that the petitioners were caught red-handed by the de facto complainant, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

sd/- 14/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUPERINTENDENT CENTRAL PRISON, MADURAI. 2 THE INSPECTOR OF POLICE, SAMAYANALLUR POLICE STATION, MADURAI DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.1632 of 2017 Date :14/02/2017 AAM PM SAR3 23.02.2017 2P 4C https://hcservices.ecourts.gov.in/hcservices/