S.Chelladurai v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12189 of 2023 S.Chelladurai, ... Petitioner/Accused No.1

Vs The State, through The Inspector of Police, Embal Police Station, Pudukkottai District. (Crime No.34 of 2023). ... Respondent/Complainant For Petitioner : T.Joshua, Advocate. For Respondent : S.Manikandan, Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.34 of 2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 379 of I.P.C, in Crime No.34 of 2023 on the file of the respondent Police, seeks anticipatory bail.

¶2The case has been registered on the basis of the complaint given by the defacto complainant stating that on 23.06.2023 at about

7.00 a.m., he found missing two cows, which were tied near by his house. On enquiry, it reveals that the above said cows were stolen taken in a lorry bearing Registration No.TN 63 CX 1838 by one Kumar and two others.

¶3The learned Additional Public Prosecutor would submit that during the course of investigation, it was found that this petitioner also involved in the above said theft. Even though the accused No.1 and 3 were arrested, so far the above said cows have not been recovered. This petitioner seems to be a cattle trader. On the basis of the confession statement given by the co-accused, vehicle which is used for committing the above said offence has been recovered.

¶4The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. The vehicle, which is used for committing the above said theft is not recovered.

¶5Considering the fact that the above said two cows have not been recovered, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this anticipatory bail petition deserves dismissal and accordingly dismissed. sd/- 05/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. indu TO 1 THE INSPECTOR OF POLICE EMBAL POLICE STATION, PUDUKKOTTAI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.12189 of 2023 Date :05/07/2023 SS/08/07/2023/2P/3C