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Madras High CourtCRL OP/23976/2022dismissed

Mohamed Kasin v. State Rep By

2022-10-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.No.23976 of 2022 Crl.O.P.No.23976 of 2022 A.D.JAGADISH CHANDIRA, J., The petitioner, who apprehends arrest for the alleged offences under Section 379 IPC, in Crime No.263 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner had committed theft of mobile phones belonging to the defacto complainant. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person 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 (crl. side) appearing for the respondent police submitted that the petitioner had committed theft of four mobile phones belonging to the defacto complainant and his friends while they were sleeping. He would submit that there are CCTV footage is available to show that the petitioner entering into the shop and getting out with the mobile phones while the inmates were sleeping. He would further submit that the stolen mobile phones have not been recovered. Hence, he vehemently opposed for grant of https://www.mhc.tn.gov.in/judis anticipatory bail to the petitioner.

https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.23976 of 2022 A.D.JAGADISH CHANDIRA.J, Anu

5. Considering the facts and circumstances of the case and that the stolen mobile phones have not been recovered, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 28.10.2022 Anu Crl.O.P.No.23976 of 2022 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis 2/2