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Madras High CourtCRL OP/18403/2021dismissed

D.Aiyappan v. The State Rep By

2021-10-05Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18403 of 2021 D.AIYAPPAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PORAIYAR POLICE STATION, NAGAPATTINAM DISTRICT.

CRIME NO.NOT KNOWN OF 2021.

For Petitioner : M/S.S.V.KARTHIKEYAN Advocate For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL 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 Section 397 of IPC in Crime No.Not Known of 2021 seeks anticipatory bail.

2.The case of the prosecution is that the petitioner broke open the house door of the defacto complainant and stolen 10 sovereigns of gold jewels during day time. Hence, the law enforcing agency registered the case against the petitioners.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution 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 Government Advocate (Crl.Side) submits that the stolen property not yet recovered. He further submits that there are two previous cases as against the petitioner which are similar in nature.

5. Considering the facts and circumstances of the case and also the fact that the stolen property was not yet recovered and there is two previous cases pending against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 05/10/2021 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, PORAIYAR POLICE STATION, NAGAPATTINAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.S.V.KARTHIKEYAN Advocate on payment of necessary charges SR.NO.11019 CRL OP.18403/2021 Date :05/10/2021 JPA 12/10/2021 https://hcservices.ecourts.gov.in/hcservices/