K.Kumaresan @ Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). Nos.17272, 17273 and 17274 of 2023 1.K.Kumaresan @ Kumar 2.Mohammed Thoufiq @ Appu ... Petitioner/Accused Nos.1 and 2 Vs State, represented by The Inspector of Police, Thirukattupatti Police Station, Thanjavur District.

(Crime No.220 of 2023).

... Respondent/Complainant CRL OP(MD). No.17273 of 2023 1.K.Kumaresan @ Kumar 2.Mohammed Thoufiq @ Appu ... Petitioner/Accused Nos.1 and 2 Vs State, represented by The Inspector of Police, Thogur Police Station, Thanjavur District.

(Crime No.106 of 2023).

... Respondent/Complainant 1/5

CRL OP(MD). No.17274 of 2023 1.K.Kumaresan @ Kumar 2.Mohammed Thoufiq @ Appu ... Petitioner/Accused Nos.1 and 2 Vs State, represented by The Inspector of Police, Budalur Police Station, Thanjavur District.

(Crime No.227 of 2023).

... Respondent/Complainant In All the Petitions:

For Petitioner : Mr.R.L.DHILIPANPANDIAN, Advocate.

For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER in CRL.OP(MD).17272, 17273 & 17274 of 2023:- For Bail in Crime No.220, 106 and 227 of 2023 on the file of the respondents Police. COMMON ORDER :The Court made the following order :- The facts in brief in Crime No.220 of 2023:

The defacto complainant lodged a complaint stating that on 26.07.2023, after finishing the work, he was returning to his home in a two wheeler along with his wife, at about 6.00 p.m., in another two wheeler, two persons were following them and snatched the Thali chain of his wife, but she prevented the above said snatching. Thereafter, the above said persons returned their vehicle and fled away 2/5

from that place. But one person was secured by chasing and another person ran away from that place. On enquiry, he revealed their name. They were arrested and remanded to judicial custody on 27.07.2023. Seeking bail, this petition has been filed.

2. The facts in brief in Crime No.106 of 2023: The defacto complainant lodged a complaint stating that on 13.07.2023 at about 3.00 p.m, when she grazing the goats, some persons snatched her Thali weighing about 4 grams and fled away from that place along with said Thali. Based upon which, a case has been registered against the petitioners for the offence punishable under Sections 392 IPC and they were arrested on 16.08.2023.

3. The facts in brief in Crime No.227 of 2023: On 27.07.2023 at about 3.45 p.m., the defacto complainant was returning to his house in his two wheeler along with his mother as pillian rider. At about 5.45 p.m., two persons were following in another two wheeler, way laid them. One of the persons tried to snatch the gold chain of his mother. On seeing that the public coming to that place, the accused persons fled away from that palce. On that basis, a case has been registered against the petitioners for the offence punishable under Sections 341, 393 IPC @ 341 and 392 IPC, they were arrested and remanded to judicial custody on 22.08.2023. Seeking bail, this petition has been filed.

4. The accused are aged about 19 years only. Even at that time of alleged 3/5

occurrence, the second petitioner in Crime No.227 of 2023 was assaulted, suffered grievous injury on his hand and taking treatment. On that ground, he was ordered to be produced through the video conference. He was also produced through video conference and it was found that it is a simple injury. The petitioners are involved in three similar occurrences.

5. Even the learned counsel for the petitioner submitted that considering the incarceration period and their age, bail may be granted, this Court is not inclined to grant bail to the petitioners. If bail is granted to them, they may abscond and they will indulge in similar chain snatching activities. They have to face the trial in the custody only.

6. With the above said, these petitions are dismissed. sd/- 27/09/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE SUPERINTENDENT, DISTRICT JAIL, PUDUKOTTAI 2 THE OFFICER INCHARGE, DISTRICT JAIL, THANJAVUR, THANJAVUR DISTRICT.

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3 THE INSPECTOR OF POLICE, THIRUKATTUPATTI POLICE STATION, THANJAVUR DISTRICT.

4 THE INSPECTOR OF POLICE, THOGUR POLICE STATION, THANJAVUR DISTRICT.

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

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

ORDER

IN CRL OP(MD). Nos.17272, 17273 and 17274 of 2023 Date :27/09/2023 SA/JGB/SAR. /03.11.2023/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5