Madras High CourtCRL OP(MD)/17097/2023dismissed

Saminathan v. The Inspector Of Police

2023-09-26Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Saminathan, ... Petitioner/Accused 1 Vs The Inspector of Police, Budalur Police Station, Thanjavur District.

Crime No. 243 of 2023.

... Respondent/Complainant For Petitioner : 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 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A1 herein, who were arrested on 05.08.2023 for the 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 1/3

Ramalingam was following them. At that time, three persons came in a two wheeler. One of the persons snatched his chain. The above said attempt was prevented by the defacto complainant. On seeing the defacto complainant, the accused persons by leaving the chain fled away from the place of occurrence. On that basis, the present complaint was lodged, the petitioners were arrested and remanded to judicial custody.

3.Earlier petition filed by the petitioner along with the second accused was dismissed by this Court in respect of this petitioner considering the bad antecedents of the petitioner.

4.This is the second petition filed by the petitioner. Report has been received from the Principal District Judge, stating that the bail application was taken on file in Crl.M.P.No.5491 of 2023 on 29.08.2023. Thereafter, it was posted on 30.08.2023. Subsequently, adjourned to 01.09.2023 and 17.09.2023. In the above said petition, it was submitted by the petitioner that no other bail application is pending before any other Court. Thereafter, final order was passed on 07.09.2023. The present petition is filed before this Court on 04.09.2023, during the pendency of the above said petition, suppressing the pendency of the above said matter. There shall be a direction to the learned Principal District Judge, Thanjavur, to take appropriate action in this regard, immediately.

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5.With the above said directions, this criminal original petition stands dismissed.

sd/- 26/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT JUDGE, THANJAVUR DISTRICT. 2 THE OFFICER INCHARGE, DISTRICT JAIL, THANJAVUR. 3 THE INSPECTOR OF POLICE, BUDALUR POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO:

THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.17097 of 2023 Date :26/09/2023 SA/JGB/SAR. /30.10.2023/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3