Giritharan v. The Inspector Of Police

CRL OP(MD). No.12164 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12164 of 2022 Giritharan ... Petitioner/Accused (Rank Not Known) Vs State Rep.by The Inspector of Police, Vallam Police Station, Thanjavur Distirct.

Cr.No.181/2022.

... Respondent/Complainant For Petitioner : M/s.Pitchai Muthu.M, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Antcipatory Bail in Cr.No.181/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/accused apprehending arrest at the hands of the respondent police for the offences punishable under sections 394 of I.P.C., in Crime No.181 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of prosecution is that on 24.02.2022, at about 09.00 p.m. when the defacto complainant going to his house after finishing his work, near the occurrence place he stopped to attend the nature call. At that time, three persons came in two wheeler, assaulted him and robbed the cellphone and money Rs.17,750/- at knife point. Based on the complaint given by him the case has been registered. 3.The learned counsel for the petitioner submitted that on the basis of the statement of co-accused only the petitioner was arrayed as accused in this case. Except the confession statement, no other material are available connecting the petitioner with the offence. 4.The learned Government Advocate (Crl. Side) submitted that the amount involved in this case has not been recovered sofar and the mobile phone has been recovered. However, the petitioner is having previous antecedents.

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CRL OP(MD). No.12164 of 2022 5.Even the mobile phone has been recovered from the first accused, the amount has not been recovered so far. The matter requires proper investigation. The petitioner is not entitled for anticipatory bail.

6.Considering the previous antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed. sd/- 07/07/2022 / 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, Vallam Police Station, Thanjavur Distirct.

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

ORDER

IN CRL OP(MD) No.12164 of 2022 Date :07/07/2022 RS/PN/SAR.3 (18.07.2022) 2P-3C https://www.mhc.tn.gov.in/judis 2/2