Mohamed Riyas v. The Inspector Of Police

CRL OP(MD). No.16052 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.16052 of 2022 Mohamed Riyas, ... Petitioner/Accused No.5 Vs State Rep.by The Inspector of Police, K.Pudur Police Station, Madurai City, Madurai.

(Crime No.304/2022).

... Respondent/Complainant For Petitioner : Mr.S.Abdul Rahuman, Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.304/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A5, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 399 IPC and Section 25(1)(a) of Arms Act, in Crime No.304 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 13.08.2022, when the respondent police was on patrol duty, they found that the petitioner and four other accused have looted a house at Valarnagar with two swords. On seeing the police, the accused persons tried to escape. The police only caught hold the four other accused and the petitioner was escaped from the scene. Therefore, this case came to be registered.

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CRL OP(MD). No.16052 of 2022 3.On the side of the petitioner, it is stated that the petitioner is innocent and he has nothing to do with the alleged offence and the co-accused were already released on bail and prayed the petitioner to be released on anticipatory bail. 4.On the side of the prosecution, it is stated that it is a case of robbery and the petitioner is having one previous case, which is similar in nature and prayed the petition to be dismissed. 5.Considering the seriousness and gravity of the offence alleged and on considering the fact that it is a case of robbery and also considering the fact that the petitioner is having one previous case of similar in nature, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 13/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) 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 K.PUDUR POLICE STATION, MADURAI CITY, MADURAI.

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

ORDER

IN CRL OP(MD) No.16052 of 2022 Date :13/09/2022 PKP/SVR/SAR-2/20.09.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2