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Madras High CourtCRL OP/2378/2025dismissed

Sakthivel v. State Rep.By, The Inspector Of Police,

2025-02-05Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Sakthivel

...Petitioner/Accused

( in all Crl.OPs') Vs.

State rep by, The Inspector of Police, Denkanikottai Police Station, Krishnagiri District.

(Crime Nos.26, 27, 30, 28 & 29 of 2025) ...

Respondent ( in all Crl.OPs') COMMON PRAYER: These Criminal Original Petitions have been filed under Section 482 of BNSS to enlarge the petitioner on anticipatory bail in the event of their arrest by the respondent police in Crime Nos. 26, 27, 30, 28 & 29 of 2025 respectively on the file of the respondent police. For Petitioner :

Mr. J.Pradeep (in all Crl.OPs) For Respondent :

Mr.S.Balaji, Government Advocate (Crl.Side) (in all Crl.OPs) Page No.1 of 6

COMMON ORDER The petitioner is the accused in five cases, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS in Crime Nos. 26, 27, 30, 28 & 29 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution in Crl.O.P.No.2378 of 2025 as per the de-facto complainant, Purushothaman, is that on 20.01.2025, his two wheeler KTM 250 Duke, bearing registration No. TN-70-AR-7798 was found missing. Based on his complaint, a case in Crime No.26 of 2025 came to be registered for the offence punishable under Section 303(2) of BNS. Hence the case.

2.2. The case of the prosecution in Crl.O.P.No.2379 of 2025 as per the de-facto complainant, Mayakrishnan, is that on 21.01.2025, his two wheeler Royal Enfield Classic 350, bearing registration No.KA-05-JC-6195 was found missing. Based on his complaint, a case in Crime No.27 of 2025 came to be registered for the offence punishable under Section 303(2) of BNS. Hence the case.

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2.3. The case of the prosecution in Crl.O.P.No.2380 of 2025 as per the de-facto complainant, Rajappa, is that on 20.01.2025, his two wheeler grey-colored Honda Activa, bearing registration No.TN-70-T-8167 was parked in front of his house and later the vehicle was found missing Based on his complaint, a case in Crime No.30 of 2025 came to be registered for the offence punishable under Section 303(2) of BNS. Hence the case. 2.4. The case of the prosecution in Crl.O.P.No.2382 of 2025 as per the de-facto complainant, Mohan, is that on 30.12.2024, his two wheeler Royal Enfield, bearing registration No.TN-70-S-0405 was parked in front of the defacto complainant's house and later the vehicle was found missing. Based on his complaint, a case in Crime No.28 of 2025 came to be registered for the offence punishable under Section 303(2) of BNS. Hence the case.

2.5. The case of the prosecution in Crl.O.P.No.2383 of 2025 as per the de-facto complainant, Narayanan, is that on 18.01.2025, his two wheeler White colour Honda Activa, bearing registration No.TN-70-AA-9840 was Page No.3 of 6

found missing. Based on his complaint, a case in Crime No.29 of 2025 came to be registered for the offence punishable under Section 303(2) of BNS. Hence the case.

3. The learned counsel appearing for the petitioner submits that in five cases, the petitioner has not committed any offence and is in no way connected to these cases but was added as a accused in these cases, and in any case, the custodial interrogation of the petitioner is not required and he prays for anticipatory bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and on instructions, submitted that the two-wheelers have not been recovered and the petitioner is involved in all the cases.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and also perused the materials available on record.

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6. Considering the nature of allegations; and the vehicles have not been recovered, the bad antecedents of the petitioner and since custodial interrogation of the petitioner is required for the purpose of investigation, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, these Criminal Original Petitions are dismissed. 05.02.2025 Vv Copy to:

1.The Inspector of Police, Denkanikottai Police Station, Krishnagiri District.

2. The Public Prosecutor, High Court, Madras.

SUNDER MOHAN, J.

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drl 05.02.2025 Page No.6 of 6