Esakkiraja @ Esakki v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Esakkiraja @ Esakki ... Petitioner / Accused No.2 Vs The State rep by The Inspector of Police, Palani Town Police Station, Dindigul District.

(In Crime No.187 of 2023) ... Respondent / Complainant For Petitioner :

M/s.T.Indrachithu, Advocate For Respondent :

Mr.R.Suresh Kumar Government Advocate (Crl.side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.187 of 2023 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 457, 394 of IPC altered to 1/3

457, 397, 120 B and 411 of IPC in Crime No.187 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 14.04.2023, the accused persons entered into the defacto complainant's house and stolen the amount and jewels. When the defacto complainant tried to stop them, they attacked the defacto complainant and taken away the cash and jewels. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. Hence, seeks for the relief of anticipatory bail. 4.The learned Government Advocate (Crl.side) would submit that the earlier application was moved by the petitioner on the ground that even as per the case of prosecution, only his vehicle is involved in the robbery or theft as the case may be. Considering the gravity of the offence, the application was dismissed.

5. Without any change in circumstances, this petition has been filed, stating that property has been recovered from the co-accused. The very same ground has been made, except using of vehicle his involvement is not evident.

6. The learned Government Advocate (Crl.side) would submit that only a portion of the stolen or robbed articles, has been recovered, remaining to be recovered.

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7. This offences cannot be taken lightly. I find no reason to entertain this petition and the petitioner is not entitled for the relief of anticipatory bail. Repeated applications for the same ground cannot be appreciated.

8. Accordingly, this Criminal Original Petition stands dismissed. sd/- 18/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN To 1.The Inspector of Police, Palani Town Police Station, Dindigul District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.15096 of 2023 Date :18/08/2023 ED/JGB/SAR- (11/09/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3