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Madras High CourtCRL OP(MD)/7572/2021dismissed

Azhagappan v. The Inspector Of Police

2021-06-21Honourable Mr Justice G.Ilangovan2 pages

No.258, Vellala Theru, BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/06/2021 PRESENT:

The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD. Nos.7572, 7574 & 7575 of 2021 Azhagappan

...Petitioner/Accused rank not known

in all Petitions Vs State rep. by The Inspector of Police, Gandarvakottai Police Station, Pudukkottai District. ...Respondent/Complainant in all Petitions Crime Nos.196 of 2021 (IN Crl.OP(MD)No.7572/2021) Crime Nos.197 of 2021 (IN Crl.OP(MD)No.7574/2021) Crime Nos.198 of 2021 (IN Crl.OP(MD)No.7575/2021) For Petitioner : Mr.R.Maheswaran,Advocate.

In all the Petitions For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl., Side) In all the Petitions PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER:- For Anticipatory Bail in Crime Nos.196 to 198 of 2021 on the file of the Respondent Police.

COMMON ORDER: The Court made the following order:- Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor (Crl.side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C., in Crime Nos.196 to 198 of 2021 on the file of the respondent police, seeks anticipatory bail.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

No.258, Vellala Theru,

3. Learned counsel for the petitioner submitted that only because of the previous cases that are pending against the petitioner and based upon the confession statement of the coaccused, the petitioner has been arrayed as accused and the first accused has been granted bail and the goats that have been stolen have also been recovered. It is further submitted by the learned counsel for the petitioner that, in all the cases, there is a delay of 6 to 7 days in filing the complaint.

4. The learned Additional Public Prosecutor (Criminal side) submits that the petitioner is having nine previous cases, including this case, and is a habitual offender. One of the main ingredient for granting Anticipatory Bail is the antecedents of the applicant. Here, the petitioner is involved in nine previous cases of similar nature in the same respondent Police Station. Even though goats have been recovered and the co-accused has been released on bail, this Court is of the considered view that it is not a fit case to grant Anticipatory Bail to the petitioner. Accordingly, the petitions are dismissed.

sd/- 21/06/2021 / TRUE COPY / / /2021 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, GANDARVAKOTTAI POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD. Nos.7572, 7574 & Date :21/06/2021 sts PK/PN/SAR-III/25.06.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2