Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD) No.7370 of 2018 S.KANNAN ... PETITIONER / 3rd ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE VILAKKU THOON POLICE STATION, MADURAI, CR. NO. 175/2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.K.MANI Advocate For Respondent : MR.M.ASOKAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / Accused No.3, who was arrested and remanded to Judicial custody on 11.04.2018 for the offences punishable under Section 420 IPC, in Crime No.175 of 2018, on the file of the respondent police seeks bail.

2. The allegation against the petitioner is that by diverting the complainant, he snatched away a sum of Rs.3,20,000/- on 21.03.2018 and for that, the above said case was registered under Section 420 IPC.

3.On the side of the petitioner, it is stated that the petitioner is not available in the CC TV footage taken within the bank premises. The petitioner is a chronic kidney patient from the year 2012 and the date of operation is fixed on 12.04.2018 and no previous case is pending against the petitioner and hence, prayed that the petitioner to be released on bail.

4.On the side of the respondent, it is stated that out of Rs.3,20,000/-, only Rs.1,000/- is recovered and the co-accused are yet to be arrested and Identification Parade is to be conducted and hence, objected to grant bail to the petitioner. 5.Considering the facts and circumstances of the case and considering the fact that the investigation is in the earlier stage and that the petitioner is to be identified by the complainant and that the CC TV footage is to be recovered from the bank and that the https://hcservices.ecourts.gov.in/hcservices/

co-accused are yet to be arrested, this Court is not inclined to release the petitioner on bail. Accordingly, this Criminal Original Petition is dismissed.

6. Considering the submission made on the side of the petitioner that the petitioner is a chronic kidney patient, the Superintendent, Central Prison, Madurai, is directed to give medical treatment to the petitioner herein. The respondent police is also directed to take steps for conducting Identification Parade within a period of ten days from the date of receipt of a copy of this order. Registry is directed to send a copy of this order to the Superintendent, Central Prison, Madurai.

sd/- 03/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE VILAKKU THOON POLICE STATION, MADURAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1. CC to M/S.S.K.MANI Advocate SR.No.8203

ORDER

IN CRL OP(MD) No.7370 of 2018 Date :03/05/2018 SDS-PN-ASVM/4.5.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/