Madras High CourtCRL OP(MD)/12560/2023dismissed

Mariyasuji v. The Inspector Of Police

2023-07-11Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Mariyasuji ... Petitioner/Accused No.1 Vs The State, through The Inspector of Police, VK Puram Police Station, Tirunelveli District.

(Crime No.223 of 2023).

... Respondent/Complainant For Petitioner : Mr.H.Elango 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.223 of 2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 379 I.P.C, in Crime 223 of 2023 on the file of the respondent Police, seeks anticipatory bail. 1/3

2. The case of the prosecution is that on 04.07.2023, the defacto complainant found that the petitioner along with other co-accused had stolen red sand from the land of the defacto complainant using tractor bearing Registration No.TN 25 E 8188. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and a false case has been foisted against him. Further, the petitioner is the owner of the tractor bearing Registration No.TN 25 E 8118. The above said tractor was let on daily rent and due to previous motive, the defacto complainant has falsely implicated the name of the petitioner in this case.

4. The learned Government Advocate (Crl. Side) would submit that the second accused has been arrested and is still in custody. Further the petitioner is having eight previous cases, out of which, six cases are similar in nature.

5. Considering the facts and circumstances of this case and considering the bad antecedent of the petitioner, he is not entitled for any discretionary relief. Hence this anticipatory bail petition deserves dismissal and accordingly dismissed. sd/- 11/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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INDU TO 1 THE INSPECTOR OF POLICE, VK PURAM POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12560 of 2023 Date :11/07/2023 SA/VR/SAR. /02.08.2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3