Madras High CourtCRL OP(MD)/20927/2022dismissed

Abishek v. The Inspector Of Police

2022-11-25Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.20927 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20927 of 2022 Abishek, ... Petitioner/Sole Accused Vs The State Rep. by, The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

Crime No.870 of 2022..

... Respondent/Complainant For Petitioner : M/s.Manoj Kumar S, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.870 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 04.11.2022 for the offences punishable under Sections 353, 417, 419, 420 of IPC, in crime No.870 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was arrayed as A1 in connection with C.C.No.323 of 2020 and the case was posted to 31.10.2022 for the appearance of the accused. At the time of hearing, the petitioner has appeared on behalf of one Prabu (A3) S/o.Murugesan and he is in abroad. On enquiry, it was found that impersonation was made by the petitioner on behalf of the said Prabu. Based on the complaint of one S.Raheswari, the Bench Clerk Grade-III of the Judicial Magistrate's Court NO.II, Kumbakonam, https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.20927 of 2022 present case came to be registered.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 04.11.2022, hence he may be released on bail. 4.The learned Additional Public Prosecutor would submit that impersonation was made by the petitioner on behalf of one Prabu (A3). The petitioner is aged about 22 years. The said Prabu is aged about 49 years. Serious offence has been committed by the petitioner. Hence, he strongly opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 25/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO

1. The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

2. The Superintendent, Sub Jail, Kumbakonam..

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

ORDER

IN CRL OP(MD) No.20927 of 2022 Date : 25/11/2022 TR/SSS/SAR-I(07.12.2022) 2P 4C https://www.mhc.tn.gov.in/judis 2/2