← Library
Madras High CourtCRL OP(MD)/19241/2018dismissed

Elanthamizh, S/O.Kuppusamy, v. State Rep By The Inspector Of

2018-10-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of October Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.19241 of 2018 ELANTHAMIZH ... PETITIONER / ACCUSED (RANK NOT KNOWN) Vs STATE REP BY, THE INSPECTOR OF POLICE, K.PUDUPATTI POLICE STATION, PUDUKOTTAI DISTRICT.

IN CRIME NO.70 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.G.KARNAN, Advocate.

For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 397 I.P.C and Section 3(1) of Prevention of Damage to Public Property Act, 1984, in Crime No.70 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that when the defacto complainant was travelling from Aranthanki to Karaikudi near K.Pudupatti, the petitioner and other accused persons were stopped his case and assaulted him, during the course, they robbed 640 grams of gold and two samsung mobile phones and escaped from the place of occurrence. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent. He did not commit any offence as alleged by the prosecution. He has been falsely implicated in this case. Hence, he prays for anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that during the time of occurrence the petitioner and other accused in this case robbed 640 gms of gold from the defacto complainant and also assaulted him and the investigation is pending. Hence, he vehemently opposed the grant of anticipatory bail to the petitioner.

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

5.It is seen that this is the second petition for seeking anticipatory bail to the petitioner. Since there is no change in circumstance, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 29/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, K.PUDUPATTI POLICE STATION, PUDUKOTTAI DISTRICT.

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

+1. CC to Mr.G.KARNAN Advocate SR.No.20484.

ORDER

IN CRL OP(MD) No.19241 of 2018 Date :29/10/2018 RAM/JC/SAR 4/09.11.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/