Madras High CourtCRL OP(MD)/8076/2022dismissed

Athiyaman v. The Inspector Of Police

2022-04-28Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.8076 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.8076 of 2022 Athiyaman ... Petitioner/Accused No.2 Vs The State rep.by, The Inspector of Police, Vallam Police Station, Thanjavur District.

(Crime No.181/2022) ... Respondent/Complainant For Petitioner : Mr.T.Indrachithu, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.438 of Cr.P.C PRAYER :-For Bail in Crime No.181/22 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A.2, who was arrested and remanded to judicial custody on 17.04.2022 for the offences punishable under Section 394 IPC, in Crime No.181 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 24.02.2022, when the de-facto complainant was returning to his home, the petitioner and other accused waylaid the de-facto complainant, attacked him and robbed his cellphone and cash Rs.17,750/- and also caused injuries. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl. side) would submit that the petitioner is having five previous cases for similar offence and that the property is not yet recovered.

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CRL OP(MD). No.8076 of 2022 5.Considering the seriousness and gravity of the offence alleged and also the facts that the petitioner is having five previous cases for similar offence and that the petitioner is in judicial custody only from 17.04.2022, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 28/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE VALLAM POLICE STATION, THANJAVUR DISTRICT.

2 THE OFFICER INCHARGE, SUB JAIL, THANJAVUR.

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

ORDER

IN CRL OP(MD) No.8076 of 2022 Date :28/04/2022 SJI MK/SVR/SAR.II/04.05.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2