Srivenkatesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12085 of 2023 Srivenkatesh, ... Petitioner/Accused No: Not Known Vs The State Rep.by The Inspector of Police, Alankulam Police Station, Alankulam Tenkasi District.

Crime No,451 of 2022..

... Respondent/Complainant For Petitioner : M/s.Balasubramanian S, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.451 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused rank not known, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 454, 457 and 380 of IPC in Crime No.451 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The defacto complainant lodged complaint stating that he locked his doors and went away on 24.12.2022 at about 10.30 a.m. and returned back on 25.12.2022 at about 05.00 p.m. At that time, he found that the doors were broken. 15 sovereigns of jewels have been stolen. Apart from that other things were also missing. On the basis of his complaint, the present case has been registered. 3.The learned counsel for the petitioner would submit that the petitioner is no way connected to the present occurrence. Since two other cases are pending against the petitioner, the present case has been foisted against the petitioner, only based on the confession statement of the co-accused.

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4.The learned Government Advocate (Crl. Side) would submit that during the course of investigation involvement of five persons came to the light. Among the five persons four persons were arrested. Only based upon the confession of the co-accused the petitioner has been implicated in this matter. He would further submit that the petitioner was released on bail in two other cases. At the time of occurrence the petitioner was watching the movements of the people while the other accused persons committed theft. 5.Considering the seriousness of the occurrence, this Court is of the view that the petitioner is not having good conduct, this dis-entitles him from claiming the benefit of anticipatory bail. This petition deserves to be dismissed.

6.Accordingly, this criminal original petition stands dismissed.

sd/- 04/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE ALANKULAM POLICE STATION, ALANKULAM, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12085 of 2023 Date :04/07/2023 MGJ(07.07.2023) 2P 3C https://www.mhc.tn.gov.in/judis