Prasath v. The Inspector Of Police

CRL OP(MD). No.8059 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/08/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.8059 of 2020 Prasanth ... Petitioner/ Accused No.3 Vs The State rep. by The Inspector of Police, Eraniel Police Station, Kanyakumari District.

Cr.No. 504 of 2020. ... Respondent/Complainant For Petitioner : M/s.R.Russel Raj, 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.504 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- Totally there are seven accused in this case. The petitioner is arrayed as Accused No.3 in Crime No.504 of 2020, on the file of the respondent police for the offences punishable under Sections 294(b), 341 and 395 of IPC.

2. The case of the prosecution is that while the de-facto complainant purchased bricks from one Sivakumar for Rs.60,000/-, on 14.06.2020, the de-facto complainant carried the money for paying it the said Sivakumar in his two wheeler near Arasamoodu, the petitioner along with other accused are said to have waylaid the defacto complainant and stolen Rs.60,000/- from him. Hence, the complaint.

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3. The learned counsel for the petitioner submitted that the

CRL OP(MD). No.8059 of 2020 petitioner's name was not found in the First Information Report. Based on the confession given by other accused, this petitioner arrayed as an accused in this case.

4. The learned Government Advocate (Crl. Side) appearing for the State would submit that the petitioner and all the accused are habitual offender and there are two previous cases are pending against the petitioner and all the accused were absconded. He would further submit that the stolen amount was not recovered.

5. Considering the facts and circumstances of the case and also considering the fact that the petitioner and other accused are habitual offenders and except this petitioner and all the accused were absconded and the stolen amount was not recovered, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this petition stands dismissed.

sd/- 03/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, ERANIEL POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8059 of 2020 Date :03/08/2020 SJI SRS/ JC/ SAR-II/ 05.08.2020/ 2P/3C https://hcservices.ecourts.gov.in/hcservices/