1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Wednesday, the Seventeenth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10308 of 2011 S.ANIL KUMAR :PETITIONER / ACCUSED NO.2 -Vs- THE STATE REP. BY THE SUB INSPECTOR OF POLICE, THURAIYUR POLICE STATION, TRICHY DISTRICT. CR.NO.301 OF 2011 :RESPONDENT / COMPLAINANT For Petitioner : M/S. M.NAVINKUMAR, Advocate For Respondent : MR.A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR BAIL Under Sec.439 Cr.P.C. ORDER:The Court Made the following order:- The petitioner is arrayed as A2 and he was arrested and remanded to judicial custody on 12.07.2011 for the alleged offence punishable under Section 420 I.P.C., in Crime No.301 of 2011 on the file of the respondent police and hence, seeks bail. 2.The case of the prosecution is that the petitioner along with the first accused have approached the daughter of the defcato complainant for polishing the gold chain and silver anklets. After polishing the ornaments, the daughter of the defacto complainant noticed that the weight of the gold chain has been reduced from 8 1/2 sovereigns to 4 3/4 sovereigns and the silver anklets has been reduced from 200 grams to 80 grams. Hence, a complainant has been preferred against the petitioner and A1. 3.The learned counsel for the petitioner would submit that a false case has been foisted against the petitioner under Sections 420 I.P.C. and his name is not find place in the F.I.R. He would further submit that the petitioner is doing Textile Business in Thirupur. He would further submit that the occurrence has taken place on 08.07.2011 and a complaint has been given on 11.07.2011 and a case has been registered on 12.07.2011 and hence, he was arrested in front of the bus stand on 12.07.2011. He would further submit that the petitioner is in custody for more than 35 days and the investigation is considerably over and hence, he prays for bail. 4.The learned Additional Public Prosecutor would submit https://hcservices.ecourts.gov.in/hcservices/ 2 that the petitioner is not the native of Tamil Nadu, but the native of Bihar. He would further submit that on the date of occurrence, he went to the house of the defacto complainant under the guise of polishing the gold chain and silver anklets. After polishing the ornaments, the daughter of the defacto complainant noticed that the wait of gold chain and silver anklets have been reduced and on the basis only a case has been registered. He would further submit that the investigation is going on and since the petitioner is not the native of Tamil Nadu, he has not having any permanent address and hence, he prays for dismissal of this application. 5.Considering the rival submissions made by both sides and admittedly, the petitioner is not the native of Tamil Nadu, he is Bihari. As per the version of the learned counsel for the petitioner, he is doing textile business, however, as per the version of the learned Additional Public Prosecutor, on 08.07.2011, the petitioner along with A1 have approached the daughter of the defacto complainant for polishing the gold chain and silver anklets. After polishing the ornaments, the wait have been reduced and thereafter a complaint has been given on 11.07.2011 and the petitioner was arrested on 12.07.2011 and the investigation is going on. Further more, the petitioner has not having any permanent address. 6.In such circumstances, if the petitioner enlarged on bail, he will tampering the witnesses and abscond from the jurisdiction of this Court and he will cause hindrance for investigation as well as the disposal of the case and hence, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. sd/- 17/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 2.The Sub Inspector of Police, Thuraiyur Police Station, Trichy District. 3.The Superintendent, Central Prison, Trichy. RP/22.08.2011/2P/4C. ORDER IN CRL OP(MD) No.10308/2011 Date :17/08/2011. https://hcservices.ecourts.gov.in/hcservices/