Madras High CourtCRL OP/10776/2021dismissed

Hariharan v. The State Rep By

2021-06-25Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25..06..2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.10776 of 2021 Hariharan ... Petitioner -VersusThe State ... Respondent Rep. by The Inspector of Police, Koradacherry Police Station, Tiruvarur District.

[Crime No.224 of 2019] Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No. 224 of 2019 pending investigation on the file of the respondent police. For Petitioner :

Mr.S.Kingston Jerold For Respondent :

Mr.C.E.Pratap, Government Advocate [Criminal Side]

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police in connection with a case registered in Crime No.224 of 2019 for the alleged offence under Sections 457 and 380 of IPC, seeks anticipatory bail.

2. The case of the prosecution is that on 09.07.2019, the petitioner along with the other accused trespassed into a TASMAC outlet by drilling a hole on the wall and looted liquor bottles.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent of the offence alleged and he has been falsely implicated in the case based on the confession of a coaccused. The learned counsel would further submit that the petitioner is ready to abide by any conditions that may be imposed by this court.

4. The learned Government Advocate (Criminal Advocate) strongly opposed the petition stating that this is second petition for anticipatory bail. He further submitted that the petitioner is absconding and not available for investigation or interrogation. He https://hcservices.ecourts.gov.in/hcservices/

further submitted that if the petitioner is released on bail, he may abscond and may not be available for trial and he may indulge in similar type of criminal activities.

5. Considering the nature of the offence, this court is of the considered view that it is not a fit case for the grant of anticipatory bail as there is every possibility of repeating the offence by the petitioner, if he is released on bail. Thus, the Criminal Original Petition deserves only to be dismissed and the same is dismissed accordingly.

-sd/- 25/06/2021 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, KORADACHERRY POLICE STATION, KORADACHERRY, TIRUVARUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. S.KINGSTON JEROLD Advocate on payment of necessary charges CRL OP.10776/2021 Date :25/06/2021 TA-19/07/2021 https://hcservices.ecourts.gov.in/hcservices/