John Vimal Satheesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.16674 of 2022 John Vimal Satheesh ... Petitioner/Accused Vs State rep.by The Inspector of Police, Pavoorchatram Police Station, Tirunelveli District (Crime No.224 of 2022).
... Respondent/Complainant For Petitioner : M/s.Anand R, Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.224 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 15.07.2022 for the offences punishable under Sections 342 and 394 IPC, in crime No.224 of 2022 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on 30.06.2022, some of the accused persons had trespassed into the defacto complainant's house and tied the defacto complainant's parents with rope and thereafter, had stolen a sum of Rs.3,00,000/- and jewels worth about Rs.24,70,000/- from the defacto complainant's house. Hence, the complaint.
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3.The learned counsel for the petitioner would submit that the based on the confession statement of A1, the petitioner has been arrayed as accused in this case and there was no recovery from the petitioner. He would further submit that the petitioner is in judicial custody from 15.07.2022, hence he may be granted bail. 4.The learned Additional Public Prosecutor would submit that during the time of occurrence, the accused stolen away Rs.3,00,000/- and jewels worth about Rs.24,70,000/- from the defacto complainant's house. He would further submit that a portion of the property was recovered and the remaining properties are yet to be recovered. He would further submit that some of the accused are still in custody and the investigation is still pending. Hence, he strongly opposed to grant bail to the petitioner.
5.Considering the gravity and nature of the offence and also considering the fact that the investigation is yet to be completed, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 23/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI 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, PAVOORCHATRAM POLICE STATION, TIRUNELVELI DISTRICT.
2. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.16674 of 2022 Date :23/09/2022 SP/VR/SAR II/06/10/2022/2P/4C https://www.mhc.tn.gov.in/judis