Madras High CourtCRL OP/7622/2021dismissed

Gopinath v. The Inspector Of Police

2021-04-23Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Third day of April Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice V.BHAVANI SUBBAROYAN CRIMINAL ORIGINAL PETITION No.7622 of 2021 GOPINATH [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] J6 TIRUVANMIYUR POLICE STATION, CHENNAI.

CR.NO.163 OF 2020.

For Petitioner : M/S.S.SENTHILVEL Advocate For Respondent :MR. T.SHUNMUGARAJESWARAN, Govt. Advocate ( Crl. Side) 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 offence under Section 379 of IPC in Crime Nos.163 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant has parked his vehicle in the road and it was found missing on the next day. Hence, the complaint was registered against the petitioner.

3. The counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that when the respondent police tracked the call details between A1 to A5, they found the phone number of the petitioner. Hence he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl.Side) submits that the petitioner along with other accused indulged in buying and selling of stolen cars. They were already arrested and thereafter released on bail. So far, three cars have been recovered from the accused. He further submits that there are seven previous cases against the petitioner. The petitioner's earlier petition was dismissed by the lower court. Hence, Hence he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the fact that there are seven previous cases pending against the petitioner, which reveals that the petitioner is a habitual offender in such circumstances,this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 23/04/2021 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 J6 TIRUVANMIYUR POLICE STATION, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.SENTHILVEL Advocate on payment of necessary charges CRL OP.7622/2021 Date :23/04/2021 RVR 24/06/2021 https://hcservices.ecourts.gov.in/hcservices/