← Library
Madras High CourtCRL OP(MD)/22606/2016dismissed

Madasamy v. The Sub Inspector Of Police

2016-12-05Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.22606 and 22607 of 2016 MADASAMY ... PETITIONER / ACCUSED NO.2 IN CRL OP(MD).22606/2016 PARTHASARATI ...

PETITIONER / ACCUSED NO.1 IN CRL OP(MD).22607/2016 Vs THE SUB INSPECTOR OF POLICE VIKKARAMANGALAM POLICE STATION IN CRIME NO.163 OF 2016 ... RESPONDENT / COMPLAINANT IN BOTH PETITIONS.

For Petitioners: M/S.P.VIJAY RAGHAVAN, Advocate for A2 in Crl OP(MD).22606/2016 M/S.N.ANNADURAI, Advocate for A1 in Crl OP(MD).22607/2016 For Respondent : M/S.P.KANDASAMY, Govt. Advocate (Crl. Side) IN BOTH PETITIONS PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as A2 and A1 respectively, were arrested and remanded to judicial custody on 07.11.2016 for the alleged offence punishable under Section 398 of IPC., in Crime No.163 of 2016, on the file of the respondent police, seek bail.

2. The learned counsel appearing for the petitioners would submit that the petitioners / A1 and A2 are innocent and they have not committed any offence and they have been falsely implicated in this case.

3. The case of the prosecution is that on 06.11.2016 at about 10.45 hrs, while the respondent police is in patrol, on seeking the police, the petitioners ran away and they caught hold by the respondent, on enquiry, they admitted that they planned to rob and further respondent police also recovered a sword and aruval from the petitioners.

4. The learned Government Advocate (crl.side) for the respondent would submit that there are two accused in this case and the petitioners are A2 and A1 respectively. There are https://hcservices.ecourts.gov.in/hcservices/

previous cases against the petitioners. He would further submit that earlier, the petitioners were involved in murder case and bomb blast case and in those cases, the petitioners were released on bail and therefore, strongly objected for granting bail to the petitioners.

5. Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioners. Accordingly, this petitions are dismissed.

sd/- 05/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.2) TO 1 THE SUB INSPECTOR OF POLICE VIKKARAMANGALAM POLICE STATION 2 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

+1. CC to M/S.P.VIJAY RAGHAVAN Advocate SR.No.79555

ORDER

IN CRL OP(MD) No.22606 AND 22607 of 2016 Date :05/12/2016 ANR/CK/08.12.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/