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Madras High CourtCRL OP(MD)/18176/2023dismissed

Kalaiyarasan v. The Inspector Of Police

2023-10-30Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.10.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Kalaiyarasan ... Petitioner/Accused Rank Not Known Vs State Rep.by The Inspector of Police, Kallal Police Station, Sivagangai District.

In Crime No.133 of 2023 ... Respondent/Complainant For Petitioner : Mr.G.Karuppiah,Advocate For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.133 of 2023 on the file of the Respondent Police. 1/3

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 28.08.2023 for the alleged offence punishable under Section 394 IPC in Crime No.133 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 24.08.2023, at about 07.00 pm., the petitioner and other accused have robbed a sum of Rs.12,100/- from the defacto complainant by transferring money through phone pay by showing knife. Hence the case.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 28.08.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that petitioner along with other accused have robbed a sum of Rs.12,100/- from the defacto complainant by showing knife. Hence, he objected to grant bail to the petitioner.

5.Heard both sides and perused the materials available on record. 6.Considering the facts and circumstances and considering the nature of allegation, this Court is of the view that this case needs identification bythe victim. 2/3

Therefore, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 30/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO THE INSPECTOR OF POLICE KALLAL POLICE STATION,SIVAGANGAI DISTRICT.

THE OFFICER INCHARGE DISTRICT JAIL, RAMANATHAPURAM.

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

ORDER

IN CRL OP(MD) No.18176 of 2023 Date :30/10/2023 PKP/DD/SAR- /15.11.2023/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3