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Madras High CourtCRL OP(MD)/9255/2019dismissed

Xeviar @ Arul Sebistiyan, v. The Inspector Of Police,

2019-07-02Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.9255 of 2019 Xeviar @ Arul Sebistiyan,, ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police,, Thiruvadanai Police Station, Ramanathapuram District.

Crime No.121of 2019..

... Respondent/Complainant For Petitioner : M/s.M.Palaniraja, Advocate.

For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.121 of 2019 on the file of the respondent Police.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 457 and 38o of IPC, in Crime No.121 of 2019, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that even as per the FIR, the defacto complainant is working as manager at Sri lakshmi Indian Gas Agencies. On 20.06.2019, the defacto complainant has opened the godown and found that 28 cylinders were missing, which were stolen by the petitioner and other two accused persons. He further submitted that the petitioner is an innocent person and he has been falsely implicated https://hcservices.ecourts.gov.in/hcservices/

in this case. Hence, he prayed anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent has submitted that totally three accused involved in this case. The petitioner herein arrayed as A1 and he along with other accused persons broken the godown and stolen 28 gas cylinders. He further submitted that the custodial interrogation of the petitioner is absolutely necessary. Hence, he strongly opposed this petition. 5.Considering the submissions made by the learned Additional Public Prosecutor that the custodial interrogation is necessary and also the fact that the co-accused has stated in his confession statement that the petitioner herein also involved in the above case, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this petition is dismissed.

sd/- 02/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE,, THIRUVADANAI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.9255 of 2019 Date :02/07/2019 dss AE/JC/SAR-II (16.07.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/