Allah @ Muthukumar v. The Inspector Of Police
CRL OP(MD). No.16512 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.16512 of 2022 Allah @ Muthukumar, ... Petitioner/Accused No.3 Vs State Rep by The Inspector of Police, Thirupulani Police Station, in Cr No.251/2020, Ramanathapuram District.
... Respondent/Complainant For Petitioner : M/s. Ajaykose C, 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 Cr No.251/2020 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 392 IPC in Crime No.251 of 2020 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the de-facto complainant is running a petty shop, on 26.08.2020, one unknown person came her shop and threatened her with knife point and robbed 13 sovereigns of gold chain. Hence, the complaint.
3.The learned counsel for the petitioner would submit that based on the confession statement of A1 and A2, the petitioner has https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.16512 of 2022 been falsely implicated as A3 in this case. He would further submit that the petitioner's name was not mentioned in the FIR and A1 and A2 were already arrested and released on bail by the learned Judicial Magistrate, Ramanathapuram.
4.The learned Government Advocate (Crl. side) would submit that the property is not yet recovered and the petitioner is having nine previous cases.
5.Considering the gravity of the offence and also considering the fact that the petitioner is having nine previous cases, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 22/09/2022 / TRUE COPY / /10/2022 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, Thirupulani Police Station, Ramanathapuram District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER IN CRL OP(MD) No.16512 of 2022 Date : 22/09/2022 TR/GB/SAR-I(30.09.2022) 2P 3C https://www.mhc.tn.gov.in/judis 2/2