BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Friday, the Second day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15804 of 2011 SUNIL :PETITIONER / ACCUSED -Vs- THE STATE REP. BY THE SUB INSPECTOR OF POLICE, THIRUVATTAR POLICE STATION, KANYAKUMARI DT. (CR.NO.896 OF 2011) :RESPONDENT For Petitioner : M/S. N.S.RAMAKRISHNA DASS Advocate For Respondent : MR.K.S.DURAIPANDIAN, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR BAIL Under Sec.439 Cr.P.C. ORDER:The Court Made the following order:- The petitioner is the accused in Crime No.896 of 2011 on the file of the respondent police, for offence under Sections 392 I.P.C. The petitioner was arrested and remanded to judicial custody on 18.11.2011. He has come forward with this petition seeking bail. 2.Heard Mr.N.S.Ramakrishna Dass, learned counsel for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the State. 3.The learned counsel appearing for the petitioner would submit in his argument that the petitioner has been in judicial custody from 18.11.2011 He would further submit that the petitioner is an innocent person and he has nothing to do with the alleged offence and he has no bad antecedents Therefore, he prayed for the grant of bail in favour of the petitioner. 4.The learned Additional Public Prosecutor would submit in his argument that the property has been recovered from the accused and the investigation is pending. He would further submit that the bail petition of the petitioner was dismissed by the learned Sessions Judge, Kanniyakumari Division at Nagercoil on 25.11.2011 and there is no change of circumstances in the meanwhile. 5.Considering the submissions made on either side, this Court could see that the investigation is still pending and if for any reason, the petitioner is released on bail, there is likelihood of tampering of witnesses and absconding from the clutches of law. Therefore, this Court is of the view that it is not a fit case for granting bail to the petitioner. 6.At this stage, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect. 7.In view of the endorsement so made, this Criminal Original Petition is dismissed as withdrawn. sd/- 02/12/2011 / 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, Thiruvattar Police Station, Kanyakumari Distt 3.The Officer In-charge, District Prison, Nagercoil. RP/09.12.2011/1P/4C. ORDER IN CRL OP(MD) No.15804 of 2011,Date:02/12/2011 https://hcservices.ecourts.gov.in/hcservices/