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Madras High CourtCRL OP(MD)/16441/2022dismissed

Sumalatha v. The Inspector Of Police

2022-09-14Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.16441 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.16441 of 2022

1. Sumalatha,

2. Lilly,

3. Pujji,

4. Meenatchi,

...Petitioners/Accused Nos. 1 to 4

Vs.

State Rep.by The Inspector of Police, Mathichiyam Police Station, Madurai (Crime No. 193 of 2022). ... Respondent/Complainant For Petitioners : Mr.J.Willam Christopher.J,Advocate.

For Respondent : Mr,E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER :- For Bail in Crime No. 193 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, who was arrested and remanded to judicial custody on 18.04.2022, by the respondent police for the offence punishable under Section 379 IPC, in Crime No. 193 of 2022, seek bail.

2. The allegation against the petitioners is that on 16.04.2022, at the time of Chithirai festival, at about 7.45 am., near Thanam Middle School, Vaigai Vadakari, the petitioners-accused stolen 5 sovereigns of gold chain from the defacto complainant. A case in Crime No.193 of 2022, was registered against the petitioner.

3. On the side of the petitioners, it is stated that the petitioners are innocent and they have not committed any offence as https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.16441 of 2022 alleged by the prosecution. The property was recovered and the charge sheet filed and the same was taken on file as C.C.No.954 of 2022. The petitioners are in judicial custody from 16.04.2022 and prayed the petitioners to be released on bail.

4. On the side of the prosecution, it is stated that totally there are 4 accused in this case. The petitioners are arrayed as A1 to A4. Initially the petitioners were arrested in Mathichiyam police station, in Crime No.191 of 2022, under Section 379 I.P.C., subsequently, as per the confession of A2, the petitioners were formally arrested in this case. Charge sheet filed and the same was taken on file as C.C.No.954 of 2022. The petitioners involved in 19 case and all are similar in nature. Most of the stolen properties were recovered, but, some of the properties are yet to be recovered. The petitioners belonged to Andhra Pradesh State, if they are released on bail, they will abscond and prayed the petition to be dismissed.

5. Considering the facts and circumstances of the case and considering the nature of the offence, this Court is not inclined to grant bail to the petitioners.

6. Hence, this Petition is dismissed.

sd/- 14/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LS 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 MATHICHIYAM POLICE STATION, MADURAI 2 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.16441 of 2022 Date :14/09/2022 PKP/VR/SAR-2/22.09.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2