S.Sasikumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.Nos.14321, 14322 & 14324 of 2020 S.Sasikumar ... Petitioner in all Crl.O.Ps vs.

State rep. By The Inspector of Police, J6, Thiruvanmiyur Police Station, Chennai District.

Crime Nos.163 & 167/2020.

... Respondent in Crl.O.P.Nos.14321 & 14324/2020 State rep. By The Inspector of Police, E4, Abiramapuram Police Station, Chennai.

Cr.No.175 of 2020 ... Respondent in Crl.O.P.No.14322/2020 Common Prayer: Criminal Original Petitions filed under Section 438 Cr.P.C. to grant Anticipatory bail to the petitioner in the event of his arrest in Crime Nos.163, 175 and 167 of 2020 on the file of the respondent police.

For Petitioner in all Crl.O.Ps : Mr.C.Sivakumar For Respondent in all Crl.O.Ps : Mr. M. Mohamed Riyaz, Additional Public Prosecutor C O M M O N 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 offences publishable under Section 379 of IPC in Crime Nos.163, 175 and 167 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution in Crl.O.P.No.14321 of 2020 as per the defacto complainant viz., Daniel is that his white Innova Crysta bearing Reg. No. TN07 CP 7887 was found missing on 04.03.2020. The case of the prosecution in Crl.O.P.No.14322 of 2020 as per the defacto complainant viz., Gugan is that his white Innova Crysta bearing Reg. No. TN 06 U 7547 was found missing on 17.02.2020. The case of the prosecution in Crl.O.P.No.14324 of 2020 as per the defacto complainant viz., Sathish Kannan is that his Toyota Liva bearing Reg. No. TN 07 CQ 1248 was found missing on 06.03.2020. During the course of investigation, it was found that the accused had stolen cars and have changed the Engine number as well as chassis number of the vehicles and sold to different parties. Hence, the complaint.

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. He would further submit that the petitioner is a mechanic working under one Rajamani, who is running a business of buying and selling second hand car and he has nothing to do with the theft of cars. He would further submit that based on the confession of Rajamani, 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 would submit that the arrested accused of one Rajamani confessed that he along with the other accused committed theft of cars and they have changed the engine numbers and also the chassis numbers and thereafter, they sold the car to various persons. He further submitted that very recently the said main accused Rajamani was arrested by Pondicherry police. The petitioner is an associate of Rajamani, who is an expert in tampering and changing the engine number and chassis number of stolen vehicles and he is also involved several other cases of similar in nature. He would further submit that the custodial interrogation of the petitioner is very much required to find out the other stolen cars. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and submissions made by the learned Additional Public Prosecutor that the custodial interrogation of the petitioner is necessary, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 15/09/2020 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 METROPOLITAN MAGISTRATE NO.IX, CHENNAI.

2 THE METROPOLITAN MAGISTRATE, NO.XXIII, CHENNAI.

3 THE INSPECTOR OF POLICE J6 THIRUVANMIYUR POLICE STATION, CHENNAI.

4 THE INSPECTOR OF POLICE E4, ABIRAMAPURAM POLICE STATION, CHENNAI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.SIVAKUMAR Advocate on payment of necessary charges CRL OPs.14321, 14322 & 14324/2020 Date :15/09/2020 cs 28/09/2020