Sugumaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.14761 of 2021 1.Sugumaran 2.Sivasankar ... Petitioners/Unnamed Accused Vs State rep.by The Inspector of Police, Pulliyangudi Police Station Tirunelveli District.

(Crime No.446 of 2021).

... Respondent/Complainant For Petitioners : M/s.Kannan S, Advocate.

For Respondent : M/s.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 446 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who were arrested on 03.09.2021 for the offence under Sections 457 and 380 IPC, in Crime No.446 of 2021 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the accused persons have trespassed into the shop of the defacto complainant and stolen six cell phones worth about Rs.50,000/- and cash of Rs.3,000/- . Hence, the complaint.

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3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents, they have not committed any offence as alleged by the prosecution and they are in jail from 03.09.2021. Hence, he seeks for grant of bail. 4.The learned Additional Public Prosecutor would submit that the petitioners have broken open the shop and committed the offence of theft. He would further submit that the entire properties are recovered and the investigation is yet to be completed. 5.Though the petitioners were arrested and properties were recovered, it is not a ground for grant of bail. 6.Considering the gravity of offence committed by the petitioner and the stage of investigation, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

Sd/- 30/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM/msa 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, Puliyangudi Police Station Tirunelveli District.

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

3.The Officer Incharge, Sub Jail, Palayamkottai.

ORDER

IN CRL OP(MD) No.14761 of 2021 Date :30/09/2021 SP/VR/SAR III/05/10/2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/