Esakkiraja v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction ) Date : 21/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Esakkiraja ... Petitioner/Accused No.2 Vs State represented by The Inspector of Police, Palani Town Police Station, Dindigul District. (In Crime No.187 of 2023)

... Respondent/Complainant For Petitioner

: M/s.C.Ezhilarasu, 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.187 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner /Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 457, 394 of IPC altered to 457, 397, 120 B and 411 of IPC in Crime No.187 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 14.04.2023, the accused persons entered into the defacto complainant's house and stolen the amount and jewels. When the defacto complainant tried to stop them, they attacked the defacto complainant and taken away the cash and jewels. Hence the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. Hence, seeks for the relief of anticipatory bail.

4.The learned Government Advocate (Crl.side) would submit that the petitioner along with other accused have stolen nearly about 45 sovereigns of gold jewels and Rs.55 Lakhs of rupees. 25 sovereigns of gold jewels and Rs.12 Lakhs are yet to be recovered.

¶5It is a case of night robbery. Several occurrences have been taken place in which several thousands of rupees and jewels have been either robbed or stolen. The learned counsel for the petitioner submitted that except the use of the petitioner's car, his involvement is not verified during the course of investigation. As per the record, he also stated to have cooperated with the accused for the robbery and theft. Hence, this Court is not inclined to grant relief to the petitioner.

¶6Accordingly, this Criminal Original Petition stands dismissed. sd/- 21/07/2023 / TRUE COPY /

/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. pnn To 1 THE INSPECTOR OF POLICE PALANI TOWN POLICE STATION, DINDIGUL DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.12519 of 2023 Date :21/07/2023 PKP/MR/SAR-(09.08.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023