Madras High CourtCRL OP(MD)/8755/2023dismissed

Abdul Gafoor v. The Inspector Of Police

2023-05-17Honourable Mrs Justice T.V.Thamilselvi2 pages

CRL OP(MD). No.8755 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.8755 of 2023 Abdul Gafoor ... Petitioner/Accused Rank Not Known Vs The State rep. by The Inspector of Police, Government Hospital Police Station, Trichy City.

(Crime No.293/2023).

... Respondent/Complainant For Petitioner : M/s.Suresh Kannan C, Advocate.

For Respondent : Mr.R.Siva Kumar, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.293/2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/ Accused who was arrested and remanded judicial custody on 04.04.2023 for the offences punishable under Sections 143, 294(b),341, 364(A),397 and 506(ii) of IPC in Crime No.293 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that accused persons waylaid the car of the defacto complainant, threatened him with weapons to give money and jewels and they also attacked the brother of the defacto complainant, hence the case.

3.The learned counsel for the petitioner submits that the petitioner is an innocent person and no such occurrence said to have taken place. He would further submit that the petitioner is in judicial custody from 04.04.2023, hence he seeks bail. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.8755 of 2023 4.The learned Government Advocate(Crl.Side) objected to grant bail on the ground that the stolen properties not yet recovered and one similar case is pending against the petitioner. 5.Taking into consideration the gravity of offence and also taking note of the fact that the investigation is at the preliminary stage and also the fact that the stolen properties were not recovered, this Court is not inclined to grant bail to the petitioner.

6. Hence the petition stands dismissed.

sd/- 17/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO

1. The Superintendent, Central Prison, Trichy.

2. The Inspector of Police, Government Hospital Police Station, Trichy City.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.8755 of 2023 Date : 17/05/2023 NA/MMS/SAR-2/18.05.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2