Ganeshsingh v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Ganeshsingh ... Petitioner/Accused 1 Vs State Rep.by The Inspector of Police, Koodal Pudur Police Station, Madurai District. Crime No.363 of 2023. ... Respondent/Complainant

For Petitioner : M/s.Xavier G.M., Advocate.

For Respondent : Mr.B.Nambiselvan,

Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.363 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.1 herein, who was arrested on 13.07.2023 for the alleged offence under Sections 392 of IPC in Crime No.363 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 06.05.2023 at about 08.00 p.m., the defacto complainant and his husband were travelling in a two wheeler. When they were nearing Athyapana School, Dindigul – Madurai Main Road, two persons came in a two wheeler and snatched the gold thali chain with dollar weighing 12 sovereigns from her neck and fled away in their two wheeler. Hence, the case.

3.Seeking bail, this petition has been filed. During the course of enquiry, it is stated that the above said chain is available in the hands of the co-accused namely Karuppasamy, who has not been secured so far. Apart from that the petitioner is also having five previous cases. Among which Crime No.126 of 2023, is similar in nature.

4.The learned counsel for the petitioner would submit that he was released on bail in the above said crime number. At the gate of the Central Prison, he was arrested in this matter. But, however, considering the antecedents of the petitioner, this Court is of the view that if the petitioner is released on bail, there is no guarantee that he will not commit similar offence while on bail. Even though he got Diploma in Electronics & communication Engineering, this petition deserves to be dismissed, since the property has not been recovered so far.

5.Accordingly, this criminal original petition stands dismissed. sd/- 23/08/2023 / TRUE COPY /

/09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TM TO 1 THE INSPECTOR OF POLICE, KOODAL PUDUR POLICE STATION, MADURAI DISTRICT. 2 THE OFFICER INCHARGE, DISTRICT JAIL, THENI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.14925 of 2023 Date :23/08/2023 RS/VRS/SAR-(07.09.2023) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023