Madras High CourtCRL OP(MD)/17110/2023dismissed

Sivabalakrishnan(Wrongly Stated As Manoj) v. The Inspector Of Police

2023-09-26Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sivabalakrishnan (Wrongly stated as Manoj) ... Petitioner/Accused Rank Not Known Vs The State, through The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

(Crime No.251 of 2023). ... Respondent/ Complainant For Petitioner : Mr.R.Senthilkumar, 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.251 of 2023 on the file of the respondent Police. 1/4

ORDER : The Court made the following order :- The petitioner/Accused rank not known arrested on 04.09.2023 at for the offences punishable under Sections 395, 397 IPC of IPC in Crime No.251 of 2023 on the file of the respondent Police, hence, seeks bail.

2. The case of the prosecution is that on 06.09.2023 at 7.00 p.m., while the defacto complainant standing near Nattarasankottai Arch Bus Stop, six unknown persons came there, threatened him with deadly weapons, snatched his mobile phone worth about Rs.5,000/- and the amount of Rs.1,000/-. Hence, the complaint.

3. This petition has been filed on the ground that false case has been foisted against the petitioner and he is an innocent.

4. Reading of the First Information Report as well as the CD file shows that the petitioner and other persons used to extract money from the defacto complainant at knife point and fled away from the place of occurrence. Thereafter, they were arrested and remanded to judicial custody. To know about the antecedents of the petitioner, this matter has been listed today. 2/4

5. The learned Additional Public Prosecutor would submit that one previous case in Crime No.21 of 2023 has been registered against the petitioner for the offences under Sections 380 and 454 IPC.

6. The learned counsel for the petitioner would further submit that in Crime No.21 of 2022, the petitioner is not shown as an accused.

7. Considering the facts and circumstances of this case and also considering the bad antecedent of the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. sd/- 26/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

indu TO 1.THE OFFICER IN CHARGE, DISTRICT SUB JAIL, VIRUDHUNAGAR DISTRICT.

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2 THE INSPECTOR OF POLICE, SIVAGANGAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.17110 of 2023 Date :26/09/2023 RK/DD (11/10/2023) 4P /4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4