In a bail petition under Section 439 Cr.P.C. for an accused charged with theft of a panchaloga idol, the court denied bail due to the gravity of the offence and the risk of absconding despite the petitioner's claim of false implication.
Petition for bail is dismissed; petitioner is not entitled to relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Wednesday, the Twelfth day of September Two Thousand Eighteen
PRESENT
The Hon`ble Mr Justice R. MAHADEVAN
CRIMINAL ORIGINAL PETITION No.21824 of 2018 GOPINATH, [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, OD-IDOL WING-CID, GUINDY, CHENNAI-600 008. CR.NO.6 OF 2018.
For Petitioner : M/S.S.SATHISH RAJAN Advocate
For Respondent : MRS.KARTHIKA KAMAL, Govt. Advocate ( Crl. Side)
PETITION FOR BAIL 439 Cr.P.C. ORDER : The Court Made the following order :-
The petitioner, who was arrested and remanded to judicial custody on 07.08.2018 in connection with a case in Crime No.6/2018 on the file of the respondent police, registered for the alleged offences punishable under Sections 454(2), 457(2) and 380(2) IPC, has filed this petition seeking bail.
proceeding towards Porur, the vehicle was intercepted and the properties found therein were seized by the respondent. According to the learned counsel, the petitioner was not aware of the possession of the idol in question by the accused. However, the respondent police, without conducting any enquiry, registered the FIR arraying the petitioner as one of the accused. Further, the petitioner is languishing in jail from 07.08.2018 i.e., for more than 30 days. Hence, the learned counsel seeks indulgence of this Court to consider this bail petition in favour of the petitioner herein.
This order, on being produced, be punctually observed and carried into execution by all concerned
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE INSPECTOR OF POLICE, OD-IDOL WING-CID, GUINDY, CHENNAI-600 008. 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. +1 CC to M/S.S.SATHISH RAJAN Advocate on payment of necessary charges SR.NO. 17273 +1 CC to THE PUBLIC PROSECUTOR, PUDHUCHERRY SR.NO.17283 CRL OP.21824/2018 Date :12/09/2018 TA-20/09/2018
2 issues framed by the court
Whether bail should be granted to an accused remanded for over 30 days in a theft case involving temple property.
Whether the possibility of absconding and tampering with evidence precludes bail in the present proceeding.
GOPINATH
THE STATE REP BY ITS THE INSPECTOR OF POLICE
R. MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
