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Madras High CourtCRL OP(MD)/13746/2016dismissed

Thilagavathi, v. The Sub Inspector Of Police,

2016-08-04Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13746 of 2016 THILAGAVATHI, ... PETITIONER / ACCUSED No.3 Vs STATE, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THIRUGOKARNAM POLICE STATION, PUDUKOTTAI DISTRICT.

(CRIME NO.136 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.GOKUL Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.3, who was arrested and remanded to judicial custody on 01.07.2016 for the offence punishable under Section 397 I.P.C., in Crime No.136 of 2016, on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused trespassed into the house of the defacto complainant with covering their face and at knife point, snatched 7 1⁄2 sovereigns of gold from the defacto complainant and 7 sovereigns of gold from his wife and caused cut injuries. On complaint, a case has been registered against the petitioner for the above said offences.

3. The case of the petitioner is that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and he is in custody from 01.07.2016.

4. The learned Government Advocate (Criminal Side) submitted that part of the stolen properties were recovered from the accused and one chain is not recovered and the investigation is pending and the earlier petitioner filed by the petitioner seeking anticipatory bail in Crl.O.P.(MD).No.13550 of 2016, is dismissed by this Court, by order, dated 02.08.2016 and he further submitted that there is no change of circumstances.

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5.Considering the facts and circumstances of the case and since there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioners and accordingly this petition is dismissed.

sd/- 04/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB INSPECTOR OF POLICE, THIRUGOKARNAM POLICE STATION, PUDUKOTTAI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3 THE OFFICER INCHARGE, WOMAN CENTRAL PRISON, TIRUCHI PJL SMA/NGM-MP/SAR-I/11/08/2016 :2P/4C

ORDER

IN CRL OP(MD) No.13746 of 2016 Date :04/08/2016 https://hcservices.ecourts.gov.in/hcservices/