Madras High CourtCRL OP/11449/2022dismissed

Sathyamoorthi v. State Rep By

2022-05-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11449 of 2022 SATHYAMOORTHI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, PALLIPALAYAM POLICE STATION, NAMAKKAL DISTRICT (CRIME NO.102/2022) For Petitioner : M/S.C.S.SARAVANAN Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, apprehends arrest at the hands of the respondent police for the offences punishable under Section 394 of I.P.C, in Crime No.102 of 2022, seeks anticipatory bail.

2. Heard both sides.

3. The case of the prosecution is that on 15.04.2022 at about 8.30 p.m. when the defacto complainant returned from job to home with collection amount of Rs.13,000/- bought liquor from TASMAC shop. When he was coming near the high tension tower next to the Aindhupanai Wine Shop, three unidentified persons were standing on the way and suddenly they started assaulting the defacto complainant and snatched the collection amount of Rs.13,000/- and the Nokia button cell phone. Thereafter when the defacto complainant screamed for help, they all ran away and the defacto complainant was admitted as in patient in the Visalam Hospital at Pallipalayam. Hence the complaint. https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner.

5. The learned Additional Public Prosecutor would submit that there are totally 3 accused involved in this case. The petitioner is arrayed as A3. He further submitted that on the date of occurrence, the petitioner along with other accused were standing on the way and snatched the defacto complainant's collection amount of Rs.13,000/- and cell phone. However, he vehemently opposed to grant anticipatory bail to the petitioner.

6. Taking into consideration of the facts and circumstances, the accused had committed serious offence against the general public, therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the Criminal Original Petition is dismissed. -sd/- 19/05/2022 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, PALLIPALAYAM POLICE STATION, NAMAKKAL DISTRICT .

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.11449/2022 Date :19/05/2022 RW-26/05/2022 https://hcservices.ecourts.gov.in/hcservices/