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Madras High CourtCRL OP(MD)/11435/2023dismissed

Peter John v. The Sub Inspector Of Police

2023-06-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.11435 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.11435 of 2023 Peter John, ... Petitioner/Rank Unknown Vs The Sub Inspector of Police, Kollencode Police Sation, Kaniyakumari District (Crime No.75 of 2023).

... Respondent/Complainant For Petitioner : M/s.Herold Singh.Sc, 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.75 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/ accused, who apprehend arrest at the hands of the respondent Police for the offences punishable under section 379 of IPC in Crime No.75 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that on 14.06.2023 the defacto complainant locked the shop and went home. On 15.06.2023 at about at about 12.30 in the midnight she heard some noise. Therefore she along with her husband came out from their house and saw five persons removing the shop and taking the same in an auto. While they https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11435 of 2023 raised alarm the accused persons had committed theft of Rs.7,000/- and caused Rs.2,000/- loss to the defacto complainant. Hence, the complaint.

3. Heard both side and perused the materials available on record including the First Information Report

4. It is seen that the petitioner had committed theft of Rs.7,000/- and caused Rs.2,000/- loss to the defacto complainant. It is also seen that already the defacto complainant had filed a suit in O.S.No.115 of 2023 as against the petitioner, therefore custodial interrogation of the petitioner is very much required in this case hence this court is not inclined to grant anticipatory bail to the petitioner.

5. In the result, the petition stands dismissed. sd/- 26/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB INSPECTOR OF POLICE KOLLENCODE POLICE SATION, KANIYAKUMARI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.HEROLD SINGH.SC Advocate SR.No.31162

ORDER

IN CRL OP(MD) No.11435 of 2023 Date :26/06/2023 DL/(03.07.2023)/ 2P/4C https://www.mhc.tn.gov.in/judis 2/2