Nandaprakash v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Eighth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.5916 of 2021 NANDAPRAKASH [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, T-8 MUTHAPUDUPET POLICE STATION, TIRUVALLUR DISTRICT.

CR.NO.565 OF 2020.

For Petitioner : M/S. S.SURESH Advocate For Respondent : MR. K.PRABAKAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 of IPC in Crime No.565 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is said to have stolen the mobile of the defacto complainant. Hence, a complaint has been lodged before the Law Enforcing Agency against the petitioner.

3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor submits that the petitioner is a habitual offender. He further submitted that apart from this case, there are three previous cases pending against the petitioner which are similar in nature. Hence, he opposed for grant of anticipatory bail to the petitioner.

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5. Taking into consideration the facts of the case and the nature of offence committed by the petitioner and also three previous cases pending against the petitioner as similar in nature and that investigation of the case is still underway, this Court is of the opinion that it would not be justiciable to grant anticipatory bail to the petitioner at this point of time.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 08/04/2021 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 INSPECTOR OF POLICE, T-8 MUTHAPUDUPET POLICE STATION, TIRUVALLUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, CHENNAI-104.

CC to M/S. S.SURESH Advocate on payment of necessary charges CRL OP.5916/2021 Date :08/04/2021 rg.04.05.2021 https://hcservices.ecourts.gov.in/hcservices/