Sundarakumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sundarakumar ... Petitioner / Accused No.11 Vs State represented by The Inspector of Police, Town North Police Station, Dindigul District. (Crime No.461 of 2023.)

... Respondent / Complainant

For Petitioner : M/s.A.Dharani, Advocate

For Respondent : Mr.B.Nambiselvan

Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.461 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.11, is apprehending arrest at the hands of the respondent, for the alleged offence punishable under Sections 399 and 402 of IPC, in Crime No.461 of 2023, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that when the defacto complainant was taking preventive measures in connection with a political murder in that area, some anonymous call was received that some persons are planning to execute robbery at Indian Overseas Bank, Natham Road, Dindigul District. The defacto complainant suspected these accused and on seeing the police, they fled away from the place. The respondent seized 4 knifes, a nylon rope and chilli powder packets from the first accused. Hence the complaint.

¶3The learned counsel for the petitioner would submit that on the ground that only based upon the confession of the co-accused, this petitioner has been implicated. Apart from that, it is stated that the area, where the occurrence has been taken place, some political murder has been taken place. It is a usual practice of the police to foist false FIR in that area.

¶4The learned Additional Public Prosecutor would submit that the petitioner is involved in a similar case in Crime No.1065 of 2019 for the offences under Section 399 and 408 of IPC and in an another one assault case also the petitioner was involved. It is stated that on the date of the anonymous call, the first accused was secured and others were escaped.

¶5Eventhough, it is stated that the petitioner is not involved in this crime, considering the bad antecedents of the petitioner, this Court is not inclined to grant relief to the petitioner.

¶6Accordingly, this Criminal Original Petition stands dismissed.

sd/-

10/08/2023

/ 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, Town North Police Station, Dindigul District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.14608 of 2023 Date :10/08/2023 ED/VR/SAR-I (16/08/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023