Boominathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/03/2020 PRESENT The Hon`ble MR.Justice RMT.TEEKAA RAMAN CRL OP(MD). No.5064 of 2020
1. Boominathan
2. Vijay ... Petitioners/Accussed 1 & 2 Vs The State rep. by The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.
(Crime No.63 of 2020) ... Respondent/Complainant For Petitioners : M/S. A.Jainul Abudheen, K.Yasar Arafath, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side).
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.63 of 2020 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 457,380 1/3
of I.P.C., in Crime No.63 of 2020, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the alleged occurrence is said to have taken place on 12.02.2020 and the FIR was registered on 15.02.2020 and the de-facto complainant is one Tahsildar, Pattukottai. The allegation in the complaint is that on the date of occurrence, the petitioners herein had entered into the Tahsildar office and committed theft of lorry bearing No.TN 30 P 8993, which was seized by Tahsildar. The above said lorry was involved in sand theft. Hence the complaint.
3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.
4.The learned counsel appearing for the petitioners submitted that they are innocent and a false complaint has been registered against them.
5.The learned Government Advocate (crl.side) appearing for the State submitted the Tahsildar, Pattukottai, have seized the lorry in connection with the sand theft. When the lorry was inside the Tahsildar office, these petitioners along with others have taken way the lorry by committing act of offence under Section 457, 380 of IPC and thereafter, the vehicle has been seized from the petitioner and 2/3
the matter is under investigation.
6. Considering the nature, gravity of offence and the matter is in preliminary stage of investigation, I am not inclined to grant the relief for the present. Accordingly, this Criminal Original Petition is dismissed.
sd/- 23/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE PATTUKOTTAI TOWN POLICE STATION, THANJAVUR DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :23/03/2020 PD/VR/SAR 2/02.06.2020/3P/3C 3/3