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Madras High CourtCRL OP(MD)/11646/2022dismissed

Shiyamala @ Shyamala v. The Inspector Of Police

2022-06-30Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.11646 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11646 of 2022 Shiyamala @ Shyamala ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Eraniel Police Station, Kanyakumari District.

Crime No.286/2022.

... Respondent/Complainant For Petitioner : MR.B.Micheal Sebastin, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.286 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC, in Crime No.286 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 05.05.2022 at about 11.00 a.m, the grand-daughter of the defacto complainant was playing in front of the defacto complainant's house. At that time, the petitioner said to have stolen two sovereign chain from the granddaughter's neck worth about Rs.60,000/-. Hence, the present complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner is only neighbour and the petitioner's husband is earning more from abroad so there is no need for the petitioner to steal that chain. Therefore, the locket was lying in front of https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11646 of 2022 the petitioner's street and the same was handed over by another child. He further submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate(Crl.Side) appearing for the respondent police submit that only locket has been recovered. 5.Considering the nature of allegations and the property has not been recovered, this criminal original petition is dismissed. sd/- 30/06/2022 / TRUE COPY / /07/2022 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 ERANIEL POLICE STATION, KANYAKUMARI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.11646 of 2022 Date :30/06/2022 VSG MK/VR/SAR.I/11.07.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2