Babu v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty First day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13816 of 2022 1 BABU [ PETITIONERS/ ACCUSED ] 2 CHITRADEVI 3 B.PUGALENTHI Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, S-6, SANKAR NAGAR POLICE STATION, CHENNAI.

(CRIME NO.322/2022) For Petitioner : M/S.J.SELVARASU Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 380, 448 and 457 of IPC, in Crime No.322 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and the defacto complainant are neighbours. The petitioners and other accused trespassed into the house of the defacto complainant and routed Rs.10 Lakhs worth of house hold articles and 7 sovereigns of Gold. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and no way connected with the alleged offence. Hence, he prays to grant anticipatory bail to the petitioners.

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4. The defacto complainant is the tenant under the first petitioner herein. There are totally 7 accused in which the petitioners are arrayed as A1, A2 and A4. Already A3 who is the son of A1, was arrested and remanded to judicial custody.

5. The learned Additional Public Prosecutor submits that there was no landlord and tenant relationship between them. The defacto complainant is the neighbour of the petitioners. The petitioners voluntarily trespassed into the house of the defacto complainant and routed Rs.10 Lakhs worth of house hold articles and 7 sovereigns of Gold. Thereafter, no recovery is made. Hence he vehemently opposed to grant anticipatory bail to the petitioners.

6. Taking into consideration the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioners.

7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 21/06/2022 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, S-6, SANKAR NAGAR POLICE STATION, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.J.SELVARASU Advocate on payment of necessary charges CRL OP.13816/2022 Date :21/06/2022 CSK 01/07/2022 https://hcservices.ecourts.gov.in/hcservices/