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Madras High CourtCRL OP/13518/2023dismissed

K.Selvam v. The State Represented Through,

2023-06-20Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 342, 394, 397 of IPC in Crime No.152 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant Mahendran is that on 23.05.2023 at about 6.00 p.m, while his employee had gone in a car bearing Registration No.TN 56 H 1163 along with a company cash of Rs.23 lakhs, some unknown persons have intercepted the car after threatening him with aruval had robbed the amount of Rs.23 lakhs. Hence, the case.

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 name is not found in the FIR.

Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner coming to know that the defacto complainant's staff was taking Rs.23 lakhs in a car had set up the other accused and followed the car and after intercepting the car, threatened the driver with aruval and robbed a cash of Rs.23 lakhs and mobile phone from the driver of the defacto complainant. He would further submit that the arrested accused are still in custody. He further submitted that from the arrested accused an amount of Rs.5,55,000/- has been recovered and the balance amount of Rs.17,50,000/- is yet to be recovered and the custodial interrogation of the petitioner is very much required. Hence, he opposed for the grant of anticipatory bail to the petitioner.

5. Heard the learned counsel on both sides and perused the entire materials available on record including the First Information Report.

6. Considering the facts and circumstances of the case and the submissions made by the learned counsel on either side and also taking note of the fact that the custodial interrogation of the petitioner is very much essential, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 20.06.2023 drl

A.D.JAGADISH CHANDIRA. J.

drl 20.06.2023