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Madras High CourtCRL OP(MD)/13649/2023dismissed

Gnanaraj v. The Inspector Of Police

2023-07-26Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Gnanaraj ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

Crime No.85/2023 ... Respondent/Complainant For Petitioner :

M/s.M.Asif Mohamed, Advocate.

For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.85/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 07.07.2023 for the alleged offence under Sections 436 of IPC in Crime No.85 of 2023, on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that due to previous enmity between the petitioner and the defacto complainant, the petitioner's involvement is suspected by him. The defacto complainant runs JVR Fibre Mill. On 18.06.2023 locked the Mill and went to the Church at 10.30 in the morning. At 11.15 a.m. when he returned to his Mill, he found some smoke from his Mill and found that the entire Mill got engulfed in fire. During the investigation, the involvement of the petitioner came to light. Thereby, he caused damages for about Rs.30 lakhs. Hence, he was arrested and remanded into custody.

3.The learned counsel for the petitioner would submit that there is civil issue between one Glory and this petitioner, which is pending in O.S.No.27 of 2023 before the District Munsif Court, Sathankulam. Therefore, as revenge, they suspected the petitioner. Even as per the FIR no reasonable ground has been stated to suspect the petitioner.

4.But, however, reading of CD file shows that some foot print is available in the place of occurrence to suspect the petitioner. On that ground his involvement has been verified. Considering the fact that the damages was caused to the tune of Rs.30,00,000/-, investigation is in the preliminary stage, so far foot print has not been taken and since it is the only clue to rope the petitioner is available, this Court is not inclined to grant bail to the petitioner at this stage. This petition deserves to be 2/3

dismissed.

5.Accordingly, this criminal original petition stands dismissed. sd/- 26/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE INSPECTOR OF POLICE, THATTARMADAM POLICE STATION, THOOTHUKUDI DISTRICT.

2 THE OFFICER INCHARGE, SUB JAIL, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.13649 of 2023 Date :26/07/2023 RS/BUC/SAR-(17.08.2023) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3