Madras High CourtCRL OP(MD)/16382/2022dismissed

Rajesh v. The Sub Inspector Of Police

2022-09-12Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.16382 of 2022 Rajesh ... Petitioner/Sole Accused Vs State rep.by The Sub Inspector of Police, Sivanthipatti Police Station, Tirunelveli District.

(Crime No.138 of 2022).

... Respondent/Complainant For Petitioner : M/s.Chengiz Khan.K, Advocate For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.138 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 448, 427, 379 IPC I.P.C, in Crime No.138 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to matrimonial dispute, the petitioner and his wife were living separately. On 18.08.2022, at about 10.55pm, on knowing that the defacto complainant went to Erode, the petitioner came to her house and break open it. He also took the house hold articles, gold ornaments of her daughter and also damaged the two wheeler, which was parked outside. Hence, the complaint.

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3. On the side of the petitioner, it is stated that the petitioner is innocent and has not committed any such offence, as alleged by the prosecution. Hence, prays to release him on anticipatory bail.

4. On the side of prosecution, it is stated that the stolen articles were not recovered from the petitioner and he is having five cases at his credit and hence, prayed to dismiss the petition. 5.Considering the nature of the case, stage of investigation and the fact that the petitioner is having five previous cases, this Court is not inclined to grant anticipatory bail to him.

6. Accordingly, this Criminal Original Petition stands dismissed.

Sd/- 12/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. THE SUB INSPECTOR OF POLICE, SIVANTHIPATTI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.16382 of 2022 Date :12/09/2022 SP/SVR/SAR I/19/09/2022/2P/3C https://www.mhc.tn.gov.in/judis