Madhayan @ Madhavan v. The Sub Inspector Of Police

CRL.O.P(MD)No.4204 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.4204 of 2023 Madhaiyan @ Mahadevan

...Petitioner/ Sole Accused

-vsThe State represented by The Inspector of Police, Nachiyarkoil Police Station, Tanjore District.

(in Cr.No.583 of 2022)

...Respondent/ Complainant

PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioners on bail in the event of their arrest by the respondent Police with respect to Cr.No.583 of 2022.

For Petitioners : Mr.A.Nagendiran For Respondent : Mr.T.Senthil Kumar Government Advocate (Crl.side) ****

O R D E R

The petitioner, who arrested and remanded to judicial custody on 18.11.2022 for the offences punishable under Section 392 of IPC in Crime No.583 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution, as per the de-facto complainant, is that due the petitioner has robbed 3 1⁄2 sovereigns of gold chain from the de-facto complainant. Hence, the complaint. 3.The learned Counsel for the petitioners would submit that the petitioner is an innocent and the petitioner has been falsely implicated in this case. He would also submit that the petitioner has not committed any offence, as alleged by the prosecution. He would also submit that the petitioner is ready to abide by any stringent conditions, that may be imposed on him. Hence, he would seek for bail to the petitioner.

4.The learned Government Advocate (Crl.side) would submit that the the petitioner has robbed 3 1⁄2 sovereigns of gold chain from the de-facto complainant. Hence, the complaint. He would also submit that the petitioner is a habitual offender and as against the petitioner, there are 21 previous cases pending against him and hence, he would strongly oppose to grant anticipatory bail to the petitioner.

https://www.mhc.tn.gov.in/judis 1/2

CRL.O.P(MD)No.4204 of 2023 5.Taking into consideration the habituality of the petitioner in committing the crime and also the fact that the petitioners has 21 previous cases pending against him, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed.

sd/- 03/03/2023 / TRUE COPY / / 03 /2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

cmr To 1.The Inspector of Police, Nachiyarkoil Police Station, Tanjore District.

2.The Officer In-Charge, Thiruvidaimaruthur Sub Jail, Tanjore District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.4204 of 2023 Date :03/03/2023 RD/SAR-II(13/03/2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2