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Madras High CourtCRL OP(MD)/20413/2023dismissed

M.Thiruppathy v. The Inspector Of Police

2023-11-16Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.11.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM M.Thiruppathy ... Petitioner/Sole Accused Vs The Inspector of Police, Cutralam Police Station, Tenkasi District.

(Crime No.352 of 2022) ... Respondent/Complainant For Petitioner : Mr.S.Manoj Kumar, 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.352 of 2022 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 05.10.2023 1/4

for the alleged offence punishable under Sections 454, 457, 380 IPC in Crime No.352 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant is doing real estate business. When he was away from home, the upstairs portion of his house was broke open and he found that a sum of Rs.2,25,000/- and gold jewels worth about Rs.2,77,000/- were stolen. 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 05.10.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioner is a habitual offender and so many previous cases are pending as against him. That apart, the finger print found in the wardrobe was matched with the petitioner's finger print and hence, he opposed to grant bail to the petitioner.

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5.Heard both sides and perused the materials available on record. 6.On perusal of records, it is noticed that the petitioner is the habitual offender and there are previous cases pending as against him. That apart, the finger print also matched with the petitioner's finger print. Therefore, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original 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.

gns TO

1. The Officer Incharge, Sub Jail, Tenkasi, Tenkasi District.

2.The Inspector of Police, Cutralam Police Station, Tenkasi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN CRL OP(MD) No.20413 of 2023 Date :16/11/2023 (5/5) SSA/JGB/(22.11.2023)/ 4P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4