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Madras High CourtCRL OP/13398/2023dismissed

Shankar v. The State Rep By

2023-06-23Honourable Mr Justice A.D.Jagadish Chandira3 pages

A.D.JAGADISH CHANDIRA, J., The petitioner, who apprehends arrest at the hands of the respondent/ Police for the offences punishable under Section 379 of IPC in Crime No. 142 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused had committed a theft of cash amounting to Rs.19,44,680/- from the defacto complainant. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he would seek anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioner along with other accused had committed a theft of Rs.19,44,680/- from the defacto complainant. He would further submit that A1 and A2 have been arrested

and an amount of Rs.5 lakhs has been recovered from them and the balance amount is yet to be recovered. He would further submit that the custody of the petitioner is very much required for interrogation. He would further submit that the arrested accused are still in custody. Hence, he would seek dismissal of the anticipatory bail.

5. Taking into consideration the facts and circumstances of the case and also the fact that the balance amount has not been recovered from the accused so far and the custodial interrogation of the petitioner is very much essential for securing the amount, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the criminal original petition is dismissed. 23.06.2023 mfa A.D.JAGADISH CHANDIRA, J.

mfa 23.06.2023