Madras High CourtCRL OP/17381/2021dismissed

Ershad Sharieff v. State Rep By

2021-09-21Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty First day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17381 of 2021 ERSHAD SHARIEFF [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, B-6 KANDAMANGALAM POLICE STATION, VILLUPURAM DISTRICT.

(CRIME NO.298/2021) For Petitioner : M/S.E.SUGANTHAN Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner, who apprehends arrest for the alleged offences punishable under Sections 341, 342 and 392 of IPC in Crime No.298 of 2021 on the file of the respondent police seeks anticipatory bail. 2.The case of the prosecution is that there was amoney dispute between the petitioner and the defacto complainant, due to which, on the date of occurrence, the petitioner along with other accused had theft the tanker lorry along with 20 litres of base oil . Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submits that the the stolen property has not yet recovered. He further submits that the investigation is pending and the petitioner's earlier anticipatory bail petition was dismissed by the Sessions Court, Villupuram in CMP.No.6427 of 2021 dated 04.09.2021.

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5. Considering the submissions on either side and the fact that the property was not recovered, this court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 21/09/2021 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, B-6 KANDAMANGALAM POLICE STATION, VILLUPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.E.SUGANTHAN Advocate on payment of necessary charges SR.NO.10387 CRL OP.17381/2021 Date :21/09/2021 CSK 04/10/2021 https://hcservices.ecourts.gov.in/hcservices/