Saravanamari v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Saravanamari ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.
Cr.No. 262 of 2021 ... Respondent/Complainant For Petitioner : Mr.G.V.Vairam Santhosh , Advocate.
For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.262 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) IPC and Section 3(1) of the Tamilnadu Public Property (Prevention of Damage & Loss)ACt, 1992 in Crime No.262 of 2021, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant is the President of Youth Association. They have installed 16 cameras in the village to prevent criminal offences. The petitioner vowed to damage the camera. On 14.06.2021, at about 08.00 pm., he had damaged 3 cameras and wire causing loss to the tune of Rs.24,000/-. Hence, the complaint.
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3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.
4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is not completed and the petitioner has six previous cases pending against him. The details of the previous cases are as follows:- 1.Cr.No.250 of 2020 under Section 21(1)TNMM Act 2.Cr.No.436 of 2020 under Sections 147, 148, 294(b), 323, 324, 353, 392, 506(i)IPC and Section 4 TNPPDL Act 3.Cr.No.62 of 2021 under Sections 294(b), 323, 506(ii) IPC 4.Cr.No.147 of 2020 under Sections 294(b), 323, 324, 506(ii) IPC 5.Cr.No.34 of 2018 under Section 147, 148, 341, 294(b), 323, 307 IPC 6.Cr.No.60 of 2018 under Sections 147, 148, 448, 294(b), 323, 324, 506(ii) IPC r/w Section 4 TNWH Act Therefore, he seeks dismissal of this petition. 5.
Reading of FIR shows that the petitioner is said to have damaged 3 cameras and wire, which were installed to prevent the criminal offences. It is also seen that the petitioner has six previous cases pending against him. Considering all these factors, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.
sd/- 06/07/2021 / 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.
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TO 1.THE INSPECTOR OF POLICE SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT OF 2021.
2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8789 of 2021 Date :06/07/2021 GNS PK/RSK/SAR-II/12.07.2021 : 3P/3C 3/3