Madras High CourtCRL OP(MD)/15073/2023partly allowed

Saminathan v. The Inspector Of Police

2023-08-18Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15073 of 2023

1. Saminathan,

2. Veeramani, ... Petitioners/Accused No.1 & 2 Vs State rep. by The Inspector of Police, Budalur Police Station, Thanjavur District.

(In Crime No.243/2023). ... Respondent/Complainant For Petitioners : M/s.Prabha S, 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.243/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 and A2 herein, who were arrested on 05.08.2023 for the 1/3

alleged offence under Sections 393 of IPC, in Crime No.243 of 2023 on the file of the respondent police, seek bail.

2. The case of the prosecution as per the defacto complainant's version is that on 05.08.2023, after finishing his work, the defacto complainant was returning to his house. At about 6.45 p.m., they were going to a temple and his brother namely Ramalingam was following them. At that time, three persons came in a two wheeler. One of the persons snatching his chain. The above said attempt was prevented by the defacto complainant. On seeing the defacto complainant, the accused persons by leaving the above chain fled away from the place of occurrence. On that basis, the present complaint was lodged, the petitioners were arrested and remanded in judicial custody.

3. Seeking bail this petition has been filed by the petitioners stating that the present case has been foisted against them only for statistical purpose.

4. This Court has already granted bail to the second petitioner on 18.08.2023 and to verify the previous case registered against the first petitioner, this case was listed today (i.e) on 25.08.2023.

5. Today when the matter is taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the first petitioner is having four previous cases and in one case trial is going on.

6. Considering the facts and circumstances of this case and also considering bad 2/3

antecedents of the first petitioner, this Court is not inclined to grant bail to the first petitioner. Accordingly, this Criminal Original Petition is dismissed. sd/- 25/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tta TO 1 THE OFFICER INCHARGE DISTRICT JAIL ,THANJAVUR.

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

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

ORDER

IN CRL OP(MD) No.15073 of 2023 Date :25/08/2023 SSA/JGB/12.09.2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3