R.Balaguru v. The Inspector Of Police

CRL OP(MD). No.8876 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.8876 of 2021

1. R.Balaguru

2. Kalaiarasan ... Petitioners/Accused Nos.A1 & A2 Vs The State rep.by The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

(Crime No.555 of 2021).

... Respondent/Complainant For Petitioners : Mr.K.S.Durai Pandian, 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.555 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 392 IPC in Crime No.555 of 2021, seek anticipatory bail. 2.The case of the prosecution is that on 15.06.2021 at about 03.00 pm., when the defacto complainant was coming in his two wheeler from S.Puthur to Paliyanjiyanallur, he was waylaid by three persons near Paliyanjiyanallur school. They took the key of the two wheeler. When he asked as to why he was stopped, they informed that Arulkumar, Sub Inspector of Police of Thiruneelakudi Police Station was asked them to stop him. When he informed them to make a call to the Sub Inspector of Police, they made a call and told him that Sub Inspector of Police was on the line.

When he took phone he found one Balaguru was speaking to him. The said Balaguru asked him to hand over money he had to Kalaiyarasan. Defacto complainant asked him as to why he should part with the money, Balaguru threatened if he did not pay money, he would face consequences. Then the said Kalaiyarasan and two others had taken Rs.5,750/- from the pocket of https://hcservices.ecourts.gov.

CRL OP(MD). No.8876 of 2021 the defacto complainant and thrown two wheeler's key. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have 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.

5.This is a case of robbery and the defacto complainant said to have lost Rs.5,750/- and the said amount has not been recovered so far. Investigation in this case is in preliminary stage. Considering all these factors, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is dismissed.

sd/- 08/07/2021 / 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.

TO 1 THE INSPECTOR OF POLICE, THIRUNEELAKUDI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.8876 of 2021 Date :08/07/2021 GNS AE/VR/SAR-1/13.07.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2