Madras High CourtCRL OP(MD)/6691/2021dismissed

Ajithkumar v. The Inspector Of Police

2021-05-20Honourable Mr Justice G.Ilangovan2 pages

... Petitioner in Crl.O.P.[MD]No.6691/2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/05/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD).Nos.6691 & 6745 of 2021 Ajith Kumar ... Petitioner/Accused No.3 in Crl OP[MD]No.6691/2021 Ananthakumar ... Petitioner/Accused No.2 in Crl.O.P.[MD]No.6745/2021 Vs The State rep.by The Inspector of Police, Thuvakkudi Police Station, Thuvakudi, Trichirappalli District.

Crime No. 148 of 2021.

... Respondent/Complainant in both Crl.O.Ps.

For Petitioner : Mr.S.Krishnan In Crl.O.P.[MD]No.6691/2021 For Petitioner : Mr.S.Elumalai In Crl.O.P.[MD]No.6745/2021 For Respondent : Mr.S.Ravi Additional Public Prosecutor [In both Crl.O.Ps.] PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.

COMMON PRAYER :-For Bail in Crime No.148 of 2021 on the file of the Respondent Police.

COMMON ORDER : The Court made the following common order :- The petitioners, who were arrested on 27.04.2021 for the offences punishable under Sections 392 r/w.394 of I.P.C. in Crime No.148 of 2021, on the file of the respondent police, seek bail. 2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent police. 3.The case of the prosecution is that when the de-facto complainant was attending his natural call, the petitioners along with other accused persons are said to have threatened the de-facto complainant with knife and took away his mobile phone and Rs.1000/-. https://hcservices.ecourts.gov.in/hcservices/ 1/2

... Petitioner in Crl.O.P.[MD]No.6691/2021 The petitioners are also said to have attacked the de-facto complainant with wooden log.

4.The learned counsels for the petitioners submitted that the offence could not have happened in the manner mentioned in the complaint, because according to them, it is a public place and the occurrence is said to have taken place at about 09.00 p.m. and therefore, they seek bail.

5.The learned Additional Public Prosecutor submitted that the allegation raised against the petitioners are serious in nature as they have threatened the de-facto complainant with knife and also the petitioners are in judicial custody only from 27.04.2021 and he strongly opposes these petitions.

6.Considering the rival submissions of the learned Additional Public Prosecutor that the allegations raised against the petitioners are serious in nature and also considering the gravity of the offence, this Court is not inclined to grant bail to the petitioners. Accordingly, these criminal original petitions are dismissed.

sd/- 20/05/2021 / TRUE COPY / / /2021 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 SUPERINTENDENT, CENTRAL PRISON, TRICHY. 2.THE INSPECTOR OF POLICE, THUVAKKUDI POLICE STATION, THUVAKUDI, TRICHY DISTRICT.

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

ORDER IN CRL OP(MD).Nos.6691 & 6745 of 2021 Date :20/05/2021 MR/VRN AE/AKM/SAR-III/27.05.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2