Madras High CourtCRL OP/20140/2020dismissed

Mohammed Irsath v. State Rep By

2021-01-25Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2021

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.20140 of 2020

1. Mohammed Irsath .... Petitioners

2. Riyas Dheen Vs.

State Rep. by .... Respondent Inspector of Police, Nambiyur Police Station, (Cr.No.92/2020) Erode.

Prayer : Criminal Original Petition filed under Section 438 of Cr.P.C to enlarge the petitioner on anticipatory bail in the event of their arrest in Cr.No.92 of 2020 on the file of the respondent herein. For Petitioner : Mr.R.Ramachandran For Respondent : Mr.S. Karthikeyan Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of IPC, in Crime No.92 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner are arrayed as A1 and A2 and they have involved in the theft of Mahindra Van. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is in noway connected with the alleged offence and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioners have involved in the offence of theft of Mahindra Van and he is a habitual offender. He would further submit that the custodial interrogation of the petitioner is necessary to the case. Hence, he prays for dismissal of this petition. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the fact that the petitioner has involved in serious offences and the petitioner is a habitual offender, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. -sd/- 25/01/2021 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 JUDICIAL MAGISTRATE NO.I, ERODE.

2 THE CHIEF JUDICIAL MAGISTRATE, ERODE [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, NAMBIYUR POLICE STATION, ERODE.

+1 CC to M/S R.RAMACHANDRAN Advocate on payment of necessary charges SR NO. 883 CRL OP.20140/2020 Date :25/01/2021 MN-04/02/2021 https://hcservices.ecourts.gov.in/hcservices/