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Madras High CourtCRL OP/16382/2020dismissed

Essac Devakumar v. State By

2020-10-15Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.16382 of 2020 Essac Devakumar ... Petitioner/Accused Vs.

The State represented by, The Inspector of Police, K-10, Koyambedu Police Station, Chennai.

(Crime No. 304 of 2020) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on anticipatory bail in the event of arrest in connection with the Crime No. 304 of 2020, on the file of respondent police.

For Petitioner : Mr.Ganeshkumar 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 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 457 and 380 of IPC, in Crime No. 304 of 2020, on the file of the respondent police, seek anticipatory bail. The case of the prosecution as per the defacto complainant viz., Durairaj is that the petitioner along with other accused had broken the Government liquor shop lock, illegally entered into the shop and had stolen liquor bottles wroth Rs.53,760/-. Hence, the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, the complaint. https://hcservices.ecourts.gov.in/hcservices/

The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner along with A1 and A3 had broken the Tasmac shop and committed theft of liquor bottles, which worth Rs.53,760/-. He would further submit that there are four previous cases pending against the petitioner and that A1 & A3 are still in custody. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. Taking into consideration the facts and submissions made by the learned counsels and considering the previous antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.

-sd/- 15/10/2020 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 METROPOLITAN MAGISTRATE NO.V, EGMORE 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, K-10, KOYAMBEDU POLICE STATION, CHENNAI.

CC to M/S.GANESHKUMAR Advocate on payment of necessary charges CRL OP.16382/2020 Date :15/10/2020 MK:28/10/2020 https://hcservices.ecourts.gov.in/hcservices/