S.Raja v. The Inspector Of Police

CRL OP(MD). No.10079 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.06.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.10079 of 2022 S.Raja ... Petitioner/Accused (Rank Not Known) Vs State represented by The Inspector of Police, Thanthonimalai Police Station, Karur District.

(Crime No.213 of 2022) ... Respondent/Complainant For Petitioner : Mr.R.MATHIYALAGAN, Advocate.

For Respondent : Mr.B.THANGA ARAVINDH, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.213 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 394 IPC, in Crime No.213 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused waylaid the defacto complainant and attacked him and took his ATM card, bike and cell phone and by using that ATM card, the accused had also taken Rs.75,000/- from the defacto complainant's account. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner's name does not find place in the FIR and he has been falsely implicated in this case.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioner was added, on https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.10079 of 2022 the basis of the confession taken from the first accused, that the accused had taken Rs.75,000/- by using defacto complainant's ATM card and also one bike and one cell phone and that properties are yet to be recovered. He would further submit that the accused 1 and 4 are still in judicial custody.

5.Considering the above facts and circumstances and also the fact that properties are yet to be recovered, this Court is not inclined to grant anticipatory bail to the petitioner. 6.In the result, this Criminal Original Petition is dismissed. sd/- 09/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, THANTHONIMALAI POLICE STATION, KARUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.10079 of 2022 Date :09/06/2022 SA/VR/SAR.1/14.06.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2