Vijay v. The Inspector Of Police

CRL OP(MD). No.19557 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/01/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19557 of 2021 Vijay ... Petitioner/Accused Rank not known Vs The State represented by The Inspector of Police, Pattukottai Police Station, Thanjavur District.

(Crime No.1158/2021). ... Respondent/Complainant For Petitioner : M/s.K.M.Karunakaran, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate(crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1158/2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused Rank Not Known, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 392 of IPC in Crime No.1158 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 24.11.2021 at about 9.30 pm., when the defacto complainant was nearing the Bharath Petrolium Bunk for the purpose of filling petrol, three unidentified persons came to him under the guise of enquiring about the address suddenly they snatched away the mobile phone which was in his hands and when that was prevented, he was assaulted. On the basis of the complaint, a case has been registered.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offences and he has been falsely implicated in this case.

4.The learned Additional Public Prosecutor would submit that all the three persons are now absconding. None was arrested and the mobile phone was not recovered.

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CRL OP(MD). No.19557 of 2021 5.The learned counsel for the petitioner submitted that there is no previous case is pending against the petitioner and he has not mentioned as an accused in the First Information Report and only based upon the confession statement of the co-accused, this petitioner has been implicated in this case. No one has been arrested.

6. Considering the offence said to have been taken place and the fact that the property has not been recovered so far, this Court is not inclined to grant anticipatory bail to the petitioner herein. There is no merit in this petition.

7.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 04/01/2022 / TRUE COPY / / /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 PATTUKOTTAI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.19557 of 2021 Date :04/01/2022 SS/JC/SAR-II/10.01.2022 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2