Madras High CourtCRL OP(MD)/20608/2023dismissed

Anish James v. The Inspector Of Police

2023-11-16Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/11/2023 PRESENT The Honourable Mr.Justice V.SIVAGNANAM Anish James ... Petitioners/Accused No.4 Vs State Rep.by The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

Crime No.224/2023.

... Respondent/Complainant For Petitioner :

Mr.M.Pitchai Muthu, 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.224/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A4, who were arrested and remanded to judicial custody on 21.09.2023 for the offences punishable under Sections 147, 506(ii), 420 and 395 of IPC in Crime No.224 of 2023 on the file of the respondent police, seek bail. 2.The case of the prosecution is that on 18.09.2023, as per the instructions of the 1/3

first accused, the de-facto complainant and his friend Karthick took a sum of Rs.14,50,000/- and went to meet the first accused in a car to purchase gold from him. At that time, the petitioners and other accused persons came there in a car in police uniform and one accused took the amount from the de-facto complainant and when it was questioned by the said Karthick, one accused threatened them with knife and took the amount and Karthick and locked the de-facto complainant and others in the car and went away and after that they dropped the said Karthick and took the money and cellphone from him. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he seeks bail to the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that in the present case, the respondent police has recovered Rs.2,17,000/- only and the balance is not yet recovered and the investigation is pending. Hence, he opposed to grant bail to the petitioner. 5.Heard both sides and perused the materials available on record including the First Information Report.

6.This the second bail petition. Already, this petitioner along with others filed Crl.O.P(MD)No.19114 of 2023. This Court, vide order dated 31.10.2023, dismissed the 2/3

said petition. The nature of allegation levelled against the petitioner is very serious in nature and the investigation is pending. Since there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Hence, this petition is dismissed.

sd/- 16/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. skn TO 1 THE INSPECTOR OF POLICE THUVARANKURICHI POLICE STATION, TRICHY DISTRICT.

2 THE OFFICER INCHARGE, SUB JAIL, MANAPPARAI, TRICHY DISTRICT.

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

ORDER IN CRL OP(MD) No.20608 of 2023 Date :16/11/2023 RS/SKN/SAR-(27.11.2023) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3