Prabhakaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/12/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Prabhakaran, (Wrongly Mentioned in the Fir as Prabhu) ... Petitioner/Accused No.2 Vs The Inspector of Police, Gandarvakottai Police Station, Pudukkottai District.

Crime No.62/2023..

... Respondent/Complainant For Petitioner : M/s.Vadivel.P,Advocate.

For Respondent : Mr.Rms.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.62/2023 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 1/3

the offences punishable under Section 379 of IPC, in Crime No.62 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is running a small farm in his village namely, Mudhukulam. On 07.02.2023, when the defacto complainant went to the farm, out of 5 cows, 3 cows were found missing. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the accused persons stolen three cows belongs to the defacto complainant. On searching, 1 cow was found at livestock trading centre and 4 persons were tried to fly away from that place. However, they caught 1 person. He would further submit that the remaining cows are not yet recovered and the investigation is pending. Hence, he strongly objected to grant anticipatory bail to the petitioner.

5.Considering the gravity of the offence and also considering the fact that the investigation is not yet completed, this Court is not inclined to grand anticipatory bail to the petitioner.

2/3

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 12/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO THE INSPECTOR OF POLICE GANDARVAKOTTAI POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.22347 of 2023 Date :12/12/2023 PKP/DD/SAR- /28.12.2023/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3