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Madras High CourtCRL OP(MD)/15566/2023dismissed

Prasad @ Praveen Kumar v. The Inspector Of Police

2023-08-28Honourable Mr. Justice P.Dhanabal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/08/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL Prasad @ Praveen Kumar ... Petitioner/1st Accused Vs State Rep.by The Inspector of Police, Oomatchikulam Police Station, Madurai District.

Crime No.44 of 2023.

... Respondent/Complainant For Petitioner : M/s.C.Ezhilarasu, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.44 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 379 of IPC in Crime No.44 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons committed the theft of cow which belongs to the defacto complainant, hence the case. 3.The learned counsel for the petitioner would contend that the petitioner is 1/3

innocent and a false case has been foisted against him. He would further submit that the name of the petitioner does not found place in the First Information Report and, hence he seeks anticipatory bail.

4. The learned Additional Public Prosecutor would submit that the cow which belongs to the defacto complainant was stolen by A1 and A2 and A2 said to have transported the cow to some other place in a vehicle. He would further submit that this petitioner is the main accused and investigation is not completed, hence he objected to grant anticipatory bail to the petitioner.

5. Heard both side and perused the materials available on record. 6.Considering the rival submissions on either side and considering the nature offence and also considering the gravity of offence and also considering the fact that the investigation is not yet completed, this Court is not inclined to grant anticipatory bail to the petitioner at this stage.

7. Hence the petition stands dismissed.

sd/- 28/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV 2/3

TO 1 THE INSPECTOR OF POLICE OOMATCHIKULAM POLICE STATION, MADURAI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.15566 of 2023 Date :28/08/2023 RS/JGB/SAR-(30.08.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3