Mohamed Basith v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Mohamed Basith ... Petitioner / Accused name not found in FIR Vs The Inspector of Police, Periyakulam Police Station, Theni District. (Crime No. 326 of 2023.) ... Respondent/Complainant

For Petitioner : Murugappan R, 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. 326 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 IPC in Crime No.326 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the vehicle bearing Regn.No.TN60 AJ 5226 parked by the defacto complainant in front of his house was missed on 31.10.2023. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and only on suspicion his name has been falsely implicated in this case.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent would submit that petitioner herein also involved in this case and the property was not yet recovered and hence, he strongly opposed to grant anticipatory bail to the petitioner.

¶5Considering the facts and circumstances of the case and also considering the serious nature of allegations made against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is dismissed.

sd/-

21/11/2023

/ TRUE COPY /

/12/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TRP To

1.The Inspector of Police, Periyakulam, Theni District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to M/s.R.MURUGAPPAN, Advocate, SR No.52487(F), dated 22.11.2023 ORDER IN CRL OP(MD) No.20271 of 2023 Date :21/11/2023 ED/SKN/SAR- (11/12/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023