Nagarajan v. The Inspector Of Police

CRL OP(MD). No.11952 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/11/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.11952 of 2020 Nagarajan ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Velliyanai Police Station, Karur District.

Crime No.400 of 2020. ... Respondent/Complainant For Petitioner : Mr.R.Mathiyalagan, Advocate. For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.400 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A1, apprehending arrest at the hands of the respondent police for the offences punishable under section 381 of IPC, in Crime No.400 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and others have stolen the mosquito net worth about Rs.50 lakhs from the defacto complainant's company and sold the same to one Sarvesh at Salem. Hence, the present complaint.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. The petitioner is not having any bad antecedent and hence, he prayed for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.11952 of 2020 5.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner along with other have stolen the mosquito net worth about Rs.50 lakhs. He further submitted that the petitioner has also moved anticipatory bail in Cr.M.P.No.1561 of 2020 before the Court below and it is pending. While being so, the petitioner has approached this Court for anticipatory bail.

6.Considering the facts and circumstances of the case and also considering the fact that the petitioner has already moved anticipatory bail petition before the Court below in Cr.M.P.No.1561 of 2020 and the same is pending, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this criminal Original petition is dismissed with cost to the petitioner to pay a sum of Rs.5,000/- (Rupees Five Thousand Only) to the credit of the Hon'ble Chief Justice Relief Fund, Madurai Bench of Madras High Court, Madurai, within a period of two weeks from the date of receipt of a copy of this order. sd/- 02/11/2020 / TRUE COPY / / /2020 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, VELLIYANAI POLICE STATION,KARUR DISTRICT.

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

COPY TO:

THE SECTION OFFICER,(THE CHIEF JUSTICE RELIEF FUND) ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.11952 of 2020 VSG Date :02/11/2020 TK/VR/SAR.2/06.11.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2