Sarathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.12.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM 1.Sarathi 2.Thirumoorthi ... Petitioners / Respondents / Accused No.1 & 2 Vs The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

(In Crime No.32 of 2023) ... Respondent / Petitioner / Complainant For Petitioners :

Mr.D.S.Haroon Rasheed, 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.32 of 2023 on the file of the Respondent Police. 1/4

ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 03.03.2023 for the alleged offence punishable under Sections 392 IPC in Crime No.32 of 2023, on the file of the respondent police, seek bail. 2.The case of the prosecution is that the defacto complainant is working in the jewelry shop. On 20.02.2023, at about 05.00 pm., he went to the seashore of Kulasekarapattinam. At that time, three persons came by two wheeler and threatened the defacto complainant and snatched the defacto complainant's cell phone and ran away from the place of occurrence. Hence the case. 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 petitioners are in custody from 03.03.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the investigation in this case has been completed and charge sheet also filed. That apart, P.W.1 to P.W.4 were examined and they have deposed as against the petitioners. Therefore, he strongly objected to grant bail to the petitioners.

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5.Heard both sides and perused the materials available on record. 6.Considering the fact that the witnesses have deposed as against the petitioners herein, this Court is not inclined to grant bail to the petitioners. Accordingly, this criminal original petition is dismissed.

sd/- 13/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS To 1.The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

2.The Superintendent, Central Prison, Palayamkottai.

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

ORDER

IN CRL OP(MD) No.21989 of 2023 Date :13/12/2023 3/4

ED/ JGB /SAR- (02/01/2024) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4