Madras High CourtCRL OP(MD)/895/2019dismissed

K. Vijaya v. The Inspector Of Police

2019-02-05Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.895 of 2019 K. VIJAYA ... PETITIONER / ACCUSED No.2 Vs STATE REPRESENTED THROUGH THE INSPECTOR OF POLICE, SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

(IN CRIME NO. 125 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR. M. KANNAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, 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 at the hands of the respondent police for the alleged offence under Section 379 IPC in Cr.No.125 of 2018 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution that during the temple festival some unknown persons snatched the gold chain of the defacto complainant. Therefore, the defacto complainant lodged a complaint before the respondent police. Thereafter, the respondent police register a case and arrested A2. Based on the confession given by the A2, the petitioner has been falsely implicated in this case.

3. The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and only based on the confession statement, the petitioner is falsely implicated.

4. The learned Additional Public Prosecutor (Crl.side), on instructions, would submit apart from this case, three cases are pending against the petitioners in similar nature. Therefore, he vehemently opposed to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and also considering the petitioner is the habitual offender, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed. sd/- 05/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to MR. M. KANNAN Advocate SR.No.45482

ORDER

IN CRL OP(MD) No.895 of 2019 Date :05/02/2019 AE/JC/SAR2/13.02.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/