Madras High CourtCRL OP(MD)/13987/2021dismissed

Saravanan v. The Sub Inspector Of Police

2021-10-05Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.13987 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.13987 of 2021 Saravanan ... Petitioner/Sole Accused Vs The State rep.by, The Sub Inspector of Police, Narikudi Police Station, Virudhunagar District.

In Crime No.18 of 2021. ... Respondent/Complainant For Petitioner : Mr.M.VASANTHAN, 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 in Crime No.18 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 offence punishable under Sections 457 and 393 IPC, in Crime No.18 of 2021 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that on 23.03.2021, at about 1.00 a.m., when the defacto complainant was sleeping in her house, the petitioner illegally trespassed into her house and snatched her two sovereigns of gold chain. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submits that this is the third anticipatory bail petition. The first anticipatory bail petition was dismissed by this Court on 27.04.2021. The second anticipatory bail petition was allowed by this Court on 16.07.2021. But, in the said petition, the respondent Police was mentioned as Thiruchuli Police Station instead of Narikudi Police Station. Hence, the petitioner filed an amendment petition before this Court and that petition was also dismissed. Hence, the petitioner has filed the present petition.

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CRL OP(MD). No.13987 of 2021

4. The learned Government Advocate (Crl. Side) opposed for grant of bail on the ground that the petitioner is having three previous cases.

5. The details of the previous cases of the petitioner read as under:

(i) Cr.No.127 of 2012 - u/s. 147, 323 IPC, 3(1)(x) SC/ST Act @ 294(b), 323 IPC on the file of the Narikudi Police Station; (ii) Cr.No.153 of 2019 - u/s. 107 Cr.P.C. on the file of the Narikudi Police Station;

(iii) Cr.No.19 of 2021 - u/s. 309 IPC.

6. Considering the nature of offence and the antecedent of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the Criminal Original Petition is dismissed. sd/- 05/10/2021 / 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 SUB INSPECTOR OF POLICE NARIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.13987 of 2021 Date :05/10/2021 OGY MK/JM/SAR.II/25.10.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2