M.Thiruppathy v. The Inspector Of Police

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.335 of 2023) ... 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. 335 of 2023 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 457 and 380 IPC in Crime No.335 of 2023 , on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant is residing in Cutralam. On 03.06.2023, he left to Chennai and handed over the key of the house to the petitioner herein, with a request to hand over the same to his sister. When he returned back on 06.06.2023, he found that the wardrobe kept in his house was broken open and gold jewels, worth about Rs.2,25,000/- 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 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. 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.20410 of 2023 Date :16/11/2023 (2/5) 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