Linesh @ Linesh Lal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13521 of 2016 LINESH @ LINESH LAL ... PETITIONER/ACCUSED no.7 Vs STATE REP BY THE INSPECTOR OF POLICE KARUNKAL POLICE STATION,KANYAKUMARI DISTRICT. CR.NO.439 of 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S A.RAJKUMAR SEN 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 petitioner, who is arrayed as Accused No.7, apprehends arrest at the hands of the respondent police for the offence punishable under Section 392 IPC, in Crime No.439 of 2011, on the file of the respondent police and hence, seeks anticipatory bail. 2.

The case of the prosecution is that the petitioner and other accused persons came in a Tata Sumo car and waylaid the de facto complainant and snatched a sum of Rs.3,20,000/- from him. On complaint, case has been registered for the above said offences. 3.The case of the petitioner is that he is an innocent person and he has not committed any offence as alleged by the prosecution. The occurrence tookplace on 06.08.2011. There is no positive allegation against the petitioner. Investigation has been completed and absconding charge sheet was filed for the offences under Sections 365 and 395 IPC and taken on file in P.R.C.No.15 of 2016. The other accused persons were already arrested and enlarged on bail.

4.The learned Government Advocate (Criminal side) submitted that the petitioner absconded after committing the offence and therefore absconding charge sheet was filed and taken on file in P.R.C.No.15 of 2016 and he did not appear before the Court even on a single day. If anticipatory bail is granted to him, he will not appear before the Court and trial cannot be commenced and only a sum of Rs.5,000/- alone was recovered and prayed for dismissal of the petition.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the serious nature of allegation levelled against the petitioner and also considering the fact that the petitioner is

absconding from 06.08.2011 and absconding charge sheet was also filed and taken on file in P.R.C.No.15 of 2016 , this Court is not inclined to grant anticipatory bail to the petitioner and accordingly this petition is dismissed.

sd/- 02/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KARUNKAL POLICE STATION, KANYAKUMARI DISTRICT. 2 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.13521 of 2016 Date :02/08/2016 AA/ARK-PV/SAR-III/05.08.2016/2p-3c https://hcservices.ecourts.gov.in/hcservices/