M.Rajesh v. The Inspector Of Police

Crl.OP No.4763 of 2016 K.KALYANASUNDARAM, J.

The petitioner, who is arrayed as A5, apprehends arrest at the hands of the respondent police for alleged offence punishable under Section 379 IPC, in Crime No.143 of 2016 on the file of the respondent police and hence seeks anticipatory bail.

2. The case of the prosecution is that on 23.12.2015 at 7.30 hours, the accused have committed theft of motorcycle of the defacto complainant bearing registration No.TN 20 TW 4488.

3. The learned counsel appearing for the petitioner would submit that the petitioner was arrested in respect of crime Nos.95, 100 and 103 of 2016 on the file of T4 Maduravoyal Police Station and released on bail on 25.02.2016. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

K.KALYANASUNDARAM, J.

sms

4. Per contra, the learned Government Advocate (Crl.side) would vehemently contend that the petitioner is an habitual offender and based on the confession of the accused, the respondent have recovered 33 two wheelers including the motorcycle of the defacto complainant.

5. Considering the above facts and circumstances of the case and also considering the gravity of offences, this court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition is dismissed.

sms 30.03.2016 Crl.OP No.4763 of 2016