Achi @ Mahalakshmi v. The Sub-Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13553 of 2020 Achi @ Mahalakshmi .. Petitioner Vs.

The Sub Inspector of Police Aladi Police Station Cuddalore District.

Cr.No.343 of 2020 .. Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of her arrest in Crime No.343 of 2020 on the file of the respondent police.

For Petitioner : Mr.S.Saravana Kumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 380, 411 and 457 of IPC, in Crime No.343 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the de-facto complainant Kanagaraj is that 21.06.2020, while he was sleeping outside his house, three persons came and snatched the Thali chain of his wife weighing 4-1/2 sovereigns and gold coin. There are totally five accused in this case and the petitioner is added as A4.

3. The learned counsel for the petitioner would submit the petitioner is innocent and he has been falsely implicated in this case since she happens to be the wife of A1. He would further submit that A2 &A3 were arrested and later, they were enlarged on bail. Therefore, he prays to grant anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor vehemently opposed this petition stating that the petitioner, who is the wife of A1 and other accused went to the house of the de-facto complainant and snatched the Thali chain from the defacto complainant's wife. He would further submit that A2 and A3 were arrested and that they have confessed that the jewels have been handed over to A1 and A4. He would further submit that A1 was not arrested so far and only one sovereign of gold has been recovered and the remaining jewels have to be recovered.

5. Taking into consideration the facts and circumstances of the case and that it is a case of chain snatching and the recovery has to be done in this case and A1 has not been arrested so far, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 03/09/2020 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE SUB-INSPECTOR OF POLICE, ALADI POLICE STATION, CUDDALORE DISTRICT.

CC to M/S.S.SARAVANA KUMAR Advocate on payment of necessary charges CRL OP.13553/2020 Date :03/09/2020 MK:16/09/2020 https://hcservices.ecourts.gov.in/hcservices/