Thalapathi @ Sundaralingam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI THALAPATHI @ SUNDARALINGAM ... PETITIONER / ACCUSED NO.3 Vs THE INSPECTOR OF POLICE THILLAI NAGAR POLICE STATION, TRICHY CITY.
CRIME NO.1867 OF 2023.
... RESPONDENT / COMPLAINANT For Petitioner : MR.S.SATHYACHIDAMBARAM, Advocate For Respondent : MR.P.KOTTAICHAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:
FOR ANTICIPATORY BAIL IN CRIME NO.1867 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent Police for the alleged offence under Sections 387 and 506(ii) of IPC in Crime No.1867 of 2023, seek anticipatory bail.
1/3
2.The case of the prosecution is that on 27.09.2023 at about 10.00 p.m., when the defacto complainant and others travelled in auto, the petitioner and other accused persons way laid that auto and robbed mobile phone of the defacto complainant. Thereby, the present complaint has been registered.
3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and the petitioner is falsely implicated in this case. Further, the accused Nos.1 and 2 enlarged on bail. Hence, he prays for grant of anticipatory bail. 4.The learned Government Advocate (Crl.Side) would submit that the petitioner is a habitual offender. Apart from this case, two previous cases are pending against the petitioner, among which, one is under Section 302 IPC and another is under Section 506(ii) IPC. Hence, he opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also considering the fact that already two previous cases are pending against the petitioner and he is a habitual offender, I am not inclined to grant anticipatory bail to the petitioner. 2/3
6. Accordingly, this Criminal Original Petition is dismissed. sd/- 03/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO THE INSPECTOR OF POLICE THILLAI NAGAR POLICE STATION, TRICHY CITY.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :03/01/2024 PKP/VR/SAR- /09.01.2024/ 3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3