Santhi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13359 of 2016 1 SANTHI 2 ALAGAMMAL ... PETITIONER / ACCUSED (Rank Not Known) Vs THE STATE REP BY THE INSPECTOR OF POLICE CANTONMENT POLICE STATION, TRICHY CITY.

(CRIME NO.390 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S T.LENIN KUMAR Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused persons, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 457 and 380 IPC, in Crime No.390 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused persons stolen 16 scraped batteries in P&T Colony, Cell Phone Tower Office. On complaint, case has been registered for the above said offences.

3. The case of the petitioners is that the petitioners are collecting old iron scrap and waste papers in public place and selling the same in the old iron scrap shop. A1 also used to collect the old iron scrap as well as waste papers. The petitioners are innocent persons and they never indulged in the offence as alleged by the prosecution. The alleged scrap papers are recovered from A1 and based on the confession of A1, the petitioners were implicated in this case.

4. The learned Government Advocate (Criminal Side) submitted that the the investigation is pending and the earlier petitioner filed by the petitioners seeking anticipatory bail in Crl.O.P.(MD). No.12181 of 2016, is dismissed by this Court, by order, dated https://hcservices.ecourts.gov.in/hcservices/

20.07.2016 and he further submitted that there is no change of circumstances.

5.Considering the facts and circumstances of the case and since there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioners and accordingly this petition is dismissed.

sd/- 01/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE CANTONMENT POLICE STATION, TRICHY CITY.

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

PJL SMA/NGM-MP/SAR-I/11/08/2016 :2P/3C

ORDER

IN CRL OP(MD) No.13359 of 2016 Date :01/08/2016 https://hcservices.ecourts.gov.in/hcservices/