Mohammed Kasim Ali Baig v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.10.2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM 1.Mohammed Kasim Ali Baig 2.Latha ... Petitioners/Accused 1 & 2 Vs The Inspector of Police, Othakadai Police Station, Madurai.

(In Crime No.345 of 2023) ... Respondent/Complainant For Petitioners : Mr.A.VADIVEL, 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.345 of 2023 on the file of the Respondent Police. 1/3

ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 14.09.2023 for the alleged offence punishable under Section 363 IPC altered into Sections 363, 147, 148, 149 & 323 IPC in Crime No.345 of 2023, on the file of the respondent police, seek bail.

2.The case of the prosecution is that the defacto complainant's husband was kidnapped by the two unknown persons. Hence the case. After enquiry, it was found that the petitioners herein kidnapped the defacto complainant for ransom. 3.The learned counsel appearing for the petitioners would contend that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 14.09.2023, hence he seek bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that petitioners along with other accused kidnapped the defacto complainant's husband for ransom. Therefore, he strongly objected to grant bail to the petitioner. He also produced the confession statement of the first petitioner herein.

5.On perusal of FIR and confession statement, it is noticed that the victim was kidnapped by the accused persons for ransom and demanded money from the 2/3

defacto complainant and also assaulted the victim. Under these circumstances, this Court finds no ground to grant bail to the petitioners. Accordingly, this criminal original petition is dismissed.

sd/- 16/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI.

2 THE OFFICER INCHARGE, SUB JAIL, MELUR, MADURAI.

3 THE SUPERINTENDENT, CENTRAL WOMEN PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.18505 of 2023 Date :16/10/2023 SA/DD/SAR. /20.11.2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3