Theyvendhiran v. The Inspector Of Police

CRL OP(MD). No.16920 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.16920 of 2022 Theyvendhiran ... Petitioner/Accused Rank Not Known Vs The State Rep. By, The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.

Crime No.154/2022.

... Respondent/Complainant For Petitioner : M/s.Mariappan.G, 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. 154 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 454, 457 and 380 of IPC, seeks anticipatory bail.

2.The case of the prosecution is that on 12.09.2022 when the defacto complainant and his family members returned to home at Virudhunagar, they found that their home was unlocked and 9 1⁄2 sovereigns of gold jewels were stolen at their home. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is the neighbor of the defacto complainant and he is an innocent person and he has been falsely implicated in this case. However, he would further submit that the petitioner shall abide any condition imposed by this Court and he may be granted anticipatory bail.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.16920 of 2022 4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that no previous case is pending against the petitioner and no one arrested in this case and the property has not been recovered till date. He would further submit that investigation is at the preliminary stage and custodial interrogation of the petitioner is necessary in this case. Hence, he strongly opposed for grant of anticipatory bail. 5.Considering the facts and circumstances of the case and considering the nature of the offence and also the facts that the stolen property has not been recovered, investigation is at the preliminary stage and the custodial interrogation of the petitioner is necessary, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 28/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, VIRUDHUNAGAR WEST POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.16920 of 2022 Date :28/09/2022 cp USK/VR/SAR- /10.10.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2