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Madras High CourtCRL OP(MD)/11912/2021dismissed

Manoharan@Kendy Manakaran v. The Inspector Of Police

2021-08-26Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/08/2021 PRESENT The Hon'ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.11912 of 2021 1.Manokaran @ Kendy Manakaran 2.Sornakumar @ Kottaiyan ... Petitioners/Accused rank not known Vs State Rep. by The Inspector of Police, Puliangudi Police Station, Tenkasi District.

(Crime No.232 of 2021). ... Respondent/Complainant For Petitioners : Mr.P.Rajkumar Advocate.

For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail Crime No.232 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 457 and 380 of IPC, in Crime No.232 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 20.04.2021, the accused persons herein have stolen the brandy bottles worth about Rs.46,410/- from the TASMAC shop. The defacto complainant lodged a complaint that 229 liquor bottles from the shop are missing. Hence, the complaint.

3.The learned counsel for the petitioners submits that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl. Side) submits that the first petitioner is arrayed as A1 and the second petitioner is arrayed as A2 and there are two previous cases are pending against the first petitioner/A1 namely 1) Crime No.76/2020 under Section 75 https://hcservices.ecourts.gov.in/hcservices/

of TNCP Act - NTF in Achamputhur Police Station 2) Crime No.203 of 2021 under Section 380, 457, 511 IPC - NTF in Kadayanallur Police Station.

There is one previous case against the second petitioner/A2, namely 1) Crime NO.203 of 2021, under Section 380, 457, 511 IPC - NTF Kadayanallur Police Station. 4.Considering the nature of offence committed by the petitioners and the nature of previous cases against them, this Court is not inclined to grant anticipatory bail to the petitioners. 5.Accordingly, this criminal original petition is dismissed. sd/- 26/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 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 JUDICIAL MAGISTRATE SIVAGIRI, TENKASI DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE PULIANGUDI POLICE STATION, TENKASI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI CRL OP(MD) No.11912 of 2021 Date :26/08/2021 https://hcservices.ecourts.gov.in/hcservices/ SB/SKN/SAR-I/09.09.2021/ 2P 5C