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Madras High CourtCRL OP/984/2021dismissed

Chitra v. State By

2021-01-27Honourable Mr Justice V. Bharathidasan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.01.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.Nos.984, 986, 989, 990, 991, 994 & 995 of 2021 Chitra ... Petitioner in all Crl.O.P.s Vs.

The State rep. by Station House Officer, Valavanur Police Station, Villupuram Dt.

(Crime No.110 of 2020) ... Respondent in Crl.O.P.No.984/2021 The State rep. by Station House Officer, Mailam Police Station, Villupuram Dt.

(Crime No.1321 of 2020) ... Respondent in Crl.O.P.No.986/2021 The State rep. by Station House Officer, Villupuram Taluk Police Station, Villupuram Dt.

(Crime No.754 of 2019) ... Respondent in Crl.O.P.No.989/2021 The State rep. by Station House Officer, Villupuram Taluk Police Station, Villupuram Dt.

(Crime No.256 of 2020) ... Respondent in Crl.O.P.No.990/2021 The State rep. by Station House Officer, Villupuram Taluk Police Station, Villupuram Dt.

(Crime No.1324 of 2020) ... Respondent in Crl.O.P.No.991/2021 The State rep. by Station House Officer, Villupuram Taluk Police Station, Villupuram Dt.

(Crime No.1888 of 2020) ... Respondent in Crl.O.P.No.994/2021

The State rep. by Station House Officer, Villupuram Taluk Police Station, Villupuram Dt.

(Crime No.1716 of 2020) ... Respondent in Crl.O.P.No.995/2021 PRAYER in Crl.O.P. No.984 of 2021: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of her arrest in Crime No.110 of 2020 pending on the file of the respondent.

PRAYER in Crl.O.P. No.986 of 2021: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of her arrest in Crime No.1321 of 2020 pending on the file of the respondent.

PRAYER in Crl.O.P. No.989 of 2021: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of her arrest in Crime No.754 of 2019 pending on the file of the respondent.

PRAYER in Crl.O.P. No.990 of 2021: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of her arrest in Crime No.256 of 2020 pending on the file of the respondent.

PRAYER in Crl.O.P. No.991 of 2021: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of her arrest in Crime No.1324 of 2020 pending on the file of the respondent.

PRAYER in Crl.O.P. No.994 of 2021: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of her arrest in Crime No.1888 of 2020 pending on the file of the respondent.

PRAYER in Crl.O.P. No.995 of 2021: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of her arrest in Crime No.1716 of 2020 pending on the file of the respondent.

For Petitioner : Mr.S.Sathia Chandran in all Crl.O.P.s For Respondent : Mr.S.Karthikeyan in all Crl.O.P.s Addl. Public Prosecutor

C O M M O N O R D E R (The case has been heard through video conference) Totally, there are six accused and the petitioner is arrayed as A6. He apprehend arrest at the hands of respondent police for the offence punishable under Sections 457 and 380 of I.P.C. in Crime Nos.110 of 2020, 1321 of 2020, 754 of 2019, 256 of 2020, 1324 of 2020, 1888 of 2020 and 1716 of 2020, on the file of respondent police therein. Now, she has filed the above petition seeking for anticipatory bail.

2. The petitioner is mother of A1. The case of the prosecution is that A1 and other accused said to have stolen gold jewels and other articles and handed over the same to the petitioner, in turn, the petitioner has sold the same in her name. In one of criminal case, A1 was arrested and based on the confession of A1, the petitioner was implicated in the above criminal cases. Hence, the criminal case has been registered against the petitioner. Now, apprehending arrest, the petitioner has filed these petitions seeking for anticipatory bail. Now, it is stated that A1 and A2 were arrested and released on bail.

3. The learned counsel appearing for petitioner would submit that the she is only mother of A1 and she has been falsely implicated in this case. He would submit that she has nothing to do with the offence as alleged in the complaint. He would submit that A1 and A2 were arrested and released on bail. He would also submit that all the articles were recovered. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor opposing this petition stated that the petitioner, being mother of A1, she has received jewels from A1 and A2, and pledged the same in her name. He would submit that since the petitioner is absconding, the police is not in a position to recover the stolen materials. He would submit that there are seven cases are pending against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have heard and considered the rival submissions made by the learned counsel appearing for petitioner as well as learned Additional Public Prosecutor and perused the records.

6. Taking into consideration of the fact that the petitioner has pledged the stolen jewels in her name, and there are seven criminal cases pending against the petitioner, this is not a fit case for

granting anticipatory bail to her. Accordingly, these Criminal Original Petitions are dismissed.

-sd/- 27/01/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.2, VILLUPURAM.

2 THE JUDICIAL MAGISTRATE, NO.2, TINDIVANAM.

3 THE JUDICIAL MAGISTRATE, NO.1, VILLUPURAM.

4 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE STATION HOUSE OFFICER, VALAVANUR POLICE STATION, VILLUPURAM DISTRICT.

7 THE STATION HOUSE OFFICER, MAILAM POLICE STATION, VILLUPURAM DISTRICT.

8 THE STATION HOUSE OFFICER, VILLUPURAM TALUK POLICE STATION, VILLUPURAM DISTRICT.

CC to M/S.S.SATHIA CHANDRAN Advocate on payment of necessary charges CRL OP.Nos.984, 986, 989, 990, 991, 994 & 994/2021 Date :27/01/2021 cs 10/02/2021