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Madras High CourtCRL OP(MD)/182/2023dismissed

Valivittan v. The Inspector Of Police

2023-01-05Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL.O.P(MD)No.182 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.182 of 2023 Valivittan

...Petitioner / Accused Rank Not Known

-vsThe State represented by The Inspector of Police, Kalaiyarkovil Police Station,Sivagangai District. (Crime No.371 of 2022)

...Respondent / Complainant

PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on bail in the event of his arrest in connection with Cr.No.371 of 2022 on the file of the respondent Police.

For Petitioner :

Mr.D.Rameshkumar, Advocate.

For Respondent :

Mr.P.Kottai Chamy Government Advocate (Crl.side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Section 392 of IPC @ into Section 395 of IPC @ Section 397 of IPC in Crime No.371 of 2022 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution, as per the de-facto complainant, is that the the accused persons have attacked the de-facto complainant with steel pipe and robbed a sum of Rs.9,00,000/- from him. Hence, the complaint.

3.The learned Counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely roped-in in this case.

4.The learned Government Advocate (crl.side) would submit that the petitioner is a habitual offender, against whom, there are five previous cases pending, which are are as follows: https://www.mhc.tn.gov.in/judis 1/2

CRL.O.P(MD)No.182 of 2023 S.No.

Petitioner's name Cr.No.

Police Station Offences 1.

Valivittan Cr.No.19 of Avaniyapuram Police Station Section Girl Missing @ into Section 343 IPC, 5 (i) and 6 of POCSO Act Cr.No.33 of Keerathurai Police Station Section 110 (e) Cr.P.C.

Cr.No.47 of Keerathurai Police Station Section 120 (b), 302, 307, 324, 341, 427 and 452 of IPC Cr.No.15 of Kamuthi Police Station Section 294 IPC Cr.No.56 of PEW Kamuthi Police Station Section 4(1) (a) 5.Taking into consideration the habituality of the petitioners in committing crime, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed.

sd/- 05/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.182 of 2023 Date :05/01/2023 cmr MK/VR/SAR IV(19.01.2023) 2P 3C https://www.mhc.tn.gov.in/judis 2/2