Madras High CourtCRL OP/24365/2021dismissed

Riyas Dheen v. State Rep By

2021-12-14Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.24365 of 2021 RIYAS DHEEN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, NAMBIYUR POLICE STATION, ERODE DISTRICT (CRIME NO.92 OF 2020) For Petitioner : M/S.A.RAGHURMAN Advocate For Respondent : MR. S. BALAJI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Section 379 of IPC in Crime No.92 of 2020, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the de-facto complainant parked his Mahindra Pick-up Tempo in front of his shop and went to his house. On the next day, when he came to his shop, he found that his Mahindra Pick-up Tempo was missing. Hence, this complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent persons and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate would submit that this is the second anticipatory bail application filed by the petitioner and this Court has already dismissed the earlier anticipatory bail application of the petitioner. He further submitted that there are two previous cases of similar nature pending against the petitioner. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

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5.Considering the gravity of the offence and the fact that there are two previous cases of similar nature pending against the petitioner and since there is no change of circumstances pointed out, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. -sd/- 14/12/2021 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, NAMBIYUR POLICE STATION, ERODE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.A.RAGHURMAN Advocate on payment of necessary charges CRL OP.24365/2021 Date :14/12/2021 MK:22/12/2021 https://hcservices.ecourts.gov.in/hcservices/