Prasanth v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.12109 of 2020 Prasanth ... Petitioner Vs.

The State Rep. By The Inspector of Police Kodavasal Police Station, Tiruvarur District.

(Crime. No. 533/2019)

...Respondent

Prayer:

Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioner/A-1 on bail in the event of his arrest in Crime No.533 of 2019 on the file of the respondent police/The Inspector of Police, Kodavasal Police Station, Tiruvarur District.

For Petitioner : Mr.N.Palanivel For Respondent : Mr.K.Prabakar, Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 341, 294(b), 323, 506(1) and 379(NP) of IPC in crime No.533/2019 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the complainant intended to pay a sum of Rs.5,00,000/- as advance for buying a hotel premises and this fact was known only to A1 viz., Mohamed Munas. In turn A1/ Mohamed Munas has informed it to A2/Shameer and he had engaged A3 and three other hirelings and they have planned to rob the money. Whileso, the accused persons by using a car waylaid the defacto complainant's motor cycle and attacked him and robbed an amount of Rs.5 lakhs from him. Hence the complaint.

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3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and 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 submitted that A1 was arrested and he had confessed that the A2 alone knows about the particulars of the other accused since A2 has engaged the other hirelings. He further submitted that the petitioner is one of the hirelings engaged by A2. The custodial interrogation of the petitioner is necessary since only Rs.1 lakh has been recovered so far. Hence, he vehemently opposed for grant of Anticipatory Bail to the petitioner.

5. Taking into consideration the facts and submissions of the learned Counsel and this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, this Criminal Original Petition is dismissed. -sd/- 17/08/2020 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, THIRUVARUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, KODAVASAL POLICE STATION, TIRUVARUR DISTRICT.

CC to M/S. N.PALANIVEL Advocate on payment of necessary charges CRL OP.12109/2020 Date :17/08/2020 cs 08/09/2020 https://hcservices.ecourts.gov.in/hcservices/