S.Maharajan v. Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD).No.9471 of 2021 S.Maharajan, ... Petitioner/Accused Vs The Inspector of Police, Manur Police Station, Tirunelveli District Cr No. 269/2021.

... Respondent/Complainant For Petitioner : Mr.S.P.Naveen Kumar, Advocate.

For Respondent : Mr.M.Muthumanickkam, Government Advocate (Criminal Side) PRAYER :- C-38 AB.For Anticipatory Bail in Crime No.269 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 Section 394 of IPC, in Crime No.269 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is engaged in selling Tharpai. On 16.06.2021 at about 6.00 a.m., after selling Tharpai in Tirunelveli Junction, the defacto complainant along with one Babu, son of Jamal, have gone to Ramayanpatti in the defacto complainant's two wheeler. To attend nature's call, they stopped the bike near Sethurayanpudhur in Mud road. At that time, Andi Manikandan, son of Sermahani, Sudulaikanu son of Maharajan and one known person came in a two-wheeler and robbed a sum of Rs.5,000/- (Rupees Five Thousand Only) and Tharpai which is worth about Rs.4,500/- from the defacto complainant. During the course of robbery, they have threatened the defacto complainant with Aruval. Therefore, the case came to be registered.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate(Crl.Side) appearing for the State submitted that the investigation in this case is not yet

completed and the petitioner has seven previous cases. Therefore he prays for dismissal of this petition.

5. Taking into consideration the facts and circumstances of the case and also the fact that the co-accused are absconding and the fact that the petitioner has seven previous cases, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. sd/- 16/07/2021 / 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, Manur Police Station, Tirunelveli District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.9471 of 2021 Date : 16/07/2021 CN(22.07.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/