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Madras High CourtCRL OP(MD)/15344/2020dismissed

Vansankar v. The Inspector Of Police

2020-12-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.15344 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/12/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15344 of 2020 Vansankar ... Petitioner/Accused No.2 Vs The State rep. by The Inspector of Police, Ammapettai Police Station, Thanjavur District.

Crime No. 1306 of 2020. ... Respondent/Complainant For Petitioner : M/s.Umamaheswaran.U, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No. 1306 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 12.11.2020 for the offences punishable under Sections 454, 380 of IPC @ 457, 380 of IPC on the file of the respondent police seeks bail.

2.The case of the prosecution is that the petitioner along with other accused persons said to have break open the house door of the defacto complainant and committed a theft of Rs.18,000/- and 15 sovereigns of gold jewels worth about 1,65,000/- Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would also submit that the petitioner is in jail for more than 30 days and the stolen properties were recovered, hence he may be granted bail.

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CRL OP(MD). No.15344 of 2020 4.The learned Government Advocate(Criminal Side) would submit that the petitioner is having five previous cases of similar nature and he is a habitual offender.

5.Taking into consideration the facts and circumstances of the case and also taking note of the fact that five previous cases are pending against the petitioner and also the fact that the petitioner was arrested only on 12.11.2020, this Court is not inclined to grant bail to the petitioner.

6.Hence the petition stands dismissed.

sd/- 21/12/2020 / TRUE COPY / / /2020 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 OFFICER INCHARGE, SUB JAIL, THANJAVUR.

2. THE INSPECTOR OF POLICE, AMMAPETTAI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.15344 of 2020 Date :21/12/2020 AAV SRS/SMA/SAR-IV/23.12.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2