Ramakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI RAMAKRISHNAN ... PETITIONER / UNKNOWN ACCUSED Vs THE INSPECTOR OF POLICE PERUNGUDI POLICE STATION, MADURAI DISTRICT.

(CRIME NO.123/2023). ... RESPONDENT/ COMPLAINANT For Petitioner : MR.M.PRABU, Advocate For Respondent : MR.SS.MADHAVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYE:

FOR ANTICIPATORY BAIL IN CRIME NO.123/2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/Accused Rank Not Known, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 392 of I.P.C, in 1/3

Crime No.123 of 2023, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant was working as Sales Man of TASMAC Shop. On 29.07.2023, at about 09.55 p.m, while he was on duty, the petitioner along with other accused trespassed into the shop and robbed a sum of Rs.92,000/- at knife point. Thereby, the defacto complainant made a complaint before the Law Enforcing Agency.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. He further submitted that this is the second anticipatory bail petition. Earlier petition filed by the petitioner in Crl.OP(MD)No.21016 of 2023 was dismissed by this Court on 23.11.2023. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the State submitted that earlier petition filed by the petitioner was dismissed by this Court on the ground that the petitioner is having 4 previous cases and all are similar in nature and stolen amount was not recovered from the accused. He further submitted that there is no change of circumstance. The stolen amount is not yet recovered. Hence, he vehemently, opposed to grant anticipatory bail to the petitioner. 2/3

5. Considering the facts and circumstances of the case and also considering the fact that there is no change of circumstance, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 18/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO THE INSPECTOR OF POLICE PERUNGUDI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN Date :18/01/2024 PKP/JGB/SAR /24.01.2024/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3