Vivek @ Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13582 of 2022 Vivek @ Manikandan ... Petitioner/Accused Rank Not Known Vs State rep.by The Inspector of Police, Keelasevalpatti Police Station, Sivagangai District.

(Crime No.36/2022).

... Respondent/Complainant For Petitioner : M/s.Sades Kumar.S, 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.36/2022 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 alleged offence punishable under Sections 454, 457, 380 and 427 IPC in Crime No.36 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that on 23.07.2022, the petitioner and other accused broke open the de-facto complainant's house and stolen three gold coins and other valuable documents and thereafter, set fire the house.

3.A case has been registered on the basis of the confession statement of the co-accused, wherein, he has stated that he broke open the grocery shop belonging to the de-facto complainant, committed theft and out of the above said gold coins, he handed over https://www.mhc.tn.gov.in/judis

two coins to the petitioner for the purpose of sale and thereafter, he did not return.

4.The learned counsel for the petitioner would submit that out of the previous enmity between the police officials attached to the respondent police and the father of the petitioner, such a false case has been foisted at the instigation of the above said coaccused. 5.This Court is not in a position to appreciate the above said view that there is a specific allegation against this petitioner and he has received two gold coins that was also not recovered sofar. Then, he has to surrender before the respondent police and cooperate with him to complete the investigation. So, I find no merits in this petition and therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 05/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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, KEELASEVALPATTI POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.13582 of 2022 Date :05/08/2022 SP/JM/SAR II/25/08/2022/2P/3C https://www.mhc.tn.gov.in/judis