BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15371 of 2011 SELVAKUMAR ... PETITIONER/ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE KARUNGAL POLICE STATION, KANYAKUMARI DISTRICT CR.NO. 439 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. A.RAJAKUMAR SEN Advocate For Respondent : Mr.K.S.DURAIPANDIAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as accused and he was arrested and remanded to judicial custody on 31.08.2011 for the alleged commission of offences under Sections 392, 365 and 395 I.P.C. in Crime No.439 of 2011 on the file of the respondent police and hence, seeks bail. 2.Herad Mr.A.Rajkumar Sen, learned counsel appearing for the petitioner and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor (Criminal Side) apperaing for the State. 3.The learned counsel appearing for the petitioners would submit in his argument that this is the third bail application filed by the petitioner and the investigation ought to have completed and he is ready to abide any condition likely to be imposed by this Court. 4.The learned Government Advocate(Criminal Side) would submit in his argument that the investigation is pending and the money looted in the incident has to be recovered still and therefore, there is no change of circumstance, the bail petition may be dismissed. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the submission made on both sides, I could see that the petitioner is in judicial custody from 31.08.2011 and the investigation is offing. According to the submission of the learned Additional Public Prosecutor(Crl.Side) , the money looted is yet to be recovered. In the said circumstances, I find that there is no change of circumstance in this case. Therefore, this is not a case for releasing the accused on bail. Accordingly, this petition is dismissed. sd/- 01/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 2.THE INSPECTOR OF POLICE KARUNGAL POLICE STATION, KANYAKUMARI DISTRICT 3.THE OFFICER-IN-CHARGE SUB JAIL NAGERCOIL rl/4c – 8.12.2011 ORDER IN CRL OP(MD) No.15371 of 2011 Date :01/12/2011 https://hcservices.ecourts.gov.in/hcservices/