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Madras High CourtCRL OP(MD)/18006/2017dismissed

Anubuselvam v. The Inspector Of Police

2017-12-28Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.18006 of 2017 ANUBUSELVAM ... PETITIONER/ACCUSED No.5 Vs STATE THROUGN, THE INSPECTOR OF POLICE RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT, CRIME NO. 724 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : Mr.G.MARIMUTHU Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 394 altered into 395 IPC in Crime No.724 of 2017 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.

3. The case of the prosecution is that the petitioner along with other accused have snatched Rs.1,000/- and a gold chain weighing 2 sovereigns from the defacto complainant and his relative Abitha at knife point.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any such offence as alleged by the prosecution and the petitioner has been implicated based on the confession of A1 and A1 and A2 were already released on bail and the properties involved in this case were recovered. https://hcservices.ecourts.gov.in/hcservices/

5. Learned Government Advocate (Crl.Side) would submit that the petitioner is having two previous cases.

6. Though A1 and A2 were already arrested and released on bail and the properties involved in this case were recovered, taking note of the fact that the petitioner has bad antecedents and also the fact that the petitioner is alleged to have involved in a serious offence, this Court is of the view that custodial interrogation of the petitioner is necessary in this case and therefore, this Court is not inclined to grant anticipatory bail to him.

7. Accordingly, this Criminal Original Petition is dismissed. sd/- 28/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT, 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CRL OP(MD) No.18006 of 2017 Date :28/12/2017 sj SH/CM-VR/SAR-2:03.01.2018:2p/3c https://hcservices.ecourts.gov.in/hcservices/