Lourdez Gabriel Rohith v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/11/2023 PRESENT The Hon`ble Mr.Justice P. VADAMALAI Lourdez Gabriel Rohith ... Petitioner/Accused Rank not known

Vs The State represented by The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District. (Crime No.230 of 2023). ... Respondent/Complainant For Petitioner : Mr.S.Sathyachidambaram,

Advocate. For Respondent : Mr.R.Sureshkumar,

Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime no.230 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :-

The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under section 379 I.P.C., @ into Sections 379 and 392 IPC in Crime No. 230 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner herein and other accused have snatched 5 sovereigns of gold chain belonging to the defacto complainant. Hence, the case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He further contended that based on the confession of co-accused only the petitioner herein is arrayed as accused and hence, seeks anticipatory bail.

¶4The learned Government Advocate (Crl. Side) would submit that the petitioner herein and other accused have snatched 5 sovereigns of gold chain belonging to the defacto complainant and the petitioner herein was arrayed as accused based on the confession of co-accused. He further contended that A2 has already been arrested and the investigation of the case is pending and hence, strongly objected for granting anticipatory bail to the petitioner.

¶5Considering the serious nature of allegations made against the petitioner and that the property has not been recovered, this Court is not inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is dismissed.

sd/-

09/11/2023

/ TRUE COPY /

/11/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TRP TO 1 THE INSPECTOR OF POLICE KULASEKARAPATTINAM POLICE STATION, THOOTHUKUDI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT,

MADURAI. ORDER IN CRL OP(MD) No.20232 of 2023 Date :09/11/2023 SS/DD/SAR- /21/11/2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023