Madras High CourtCRL OP/15906/2020dismissed

Rajasekar v. The State Rep By,

2020-10-08Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.15906 of 2020 Rajasekar ... Petitioner Vs.

The State rep.by, The Inspector of Police , Nagapattinam Police Station, Nagapattinam, Nagapattinam District Crime No.1101 of 2020 ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.1101 of 2020 on the file of the respondent police. For Petitioner : Mr.D.Arun For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(This case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 457 and 380 of IPC in Crime No.1101 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that on 18.09.2020 when he went to his house some body has broken the door of this house and stolen 3 kilo of silver articles. Hence the complainant.

3. The learned Counsel for the petitioner would submit that the petitioner is a innocent person and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor would submit that the petitioner went to the house of the defacto complainant and broken the door and stolen 3 kilo of silver articles. He would further submit that the petitioner/A1 has one previous case in Keelevur Police Station in Cr.No.1466 of 2020 and the co-accused/A2 has one previous case in Keelevur Police Station in Cr.No.1465 of 2020. Hence, he vehemently opposed for grant of Anticipatory bail to the petitioner.

5.Taking into consideration of the facts and circumstances of the case and the above submission so made by the Additional Public Prosecutor that the petitioner has one previous cases to his credit, this Court is not inclined to grant bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed. -sd/- 08/10/2020 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 JUDICIAL MAGISTRATE, NO.I, NAGAPATTINAM.

2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, NAGAPATTINAM POLICE STATION, NAGAPATTINAM DISTRICT.

CC to M/S.D.ARUN Advocate on payment of necessary charges CRL OP.15906/2020 Date :08/10/2020 cs 21/10/2020 https://hcservices.ecourts.gov.in/hcservices/