Vilvamoorthy v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/11/2023 PRESENT The Honourable Mr.Justice V.SIVAGNANAM Vilvamoorthy

... Petitioner/Sole Accused

Vs State Rep.by The Inspector of Police, Thirupavanam Police Station, Sivagangai District. Crime No.435 of 2023.

... Respondent/Complainant For Petitioner : Mr.S.Vidhya Sagar,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 Cr.No.435 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 IPC in Crime No.435 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner is working as the Assistant Commissioner of the Temple, by name, Madapuram Adakalm Katha Ayyanar Kaliamman Kovil situated at Sivagangai District. When the hundiyal of the above said temple was counted, the accused had took over the pair of gold ornament weighing of 10 sovereign and had tried to hide the ornament with him illegally. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that a false case has been filed against the petitioner and he has not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioner.

¶4The learned Government Advocate (criminal side) appearing for the respondent police would submit that there are materials evidence available to prove the case of the prosecution. He would further submit that CCTV footage is available in this regard. Hence, he has strongly opposed to grant anticipatory bail to the petitioner.

5.Heard both sides and perused the materials available on the record.

¶6As requested by the learned Government Advocate (criminal side), CCTV footage has been displayed before the Court. It is seen that the petitioner took the gold ornament and put it to the table. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. sd/- 16/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. SKN TO THE INSPECTOR OF POLICE THIRUPAVANAM POLICE STATION, SIVAGANGAI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.20630 of 2023 Date :16/11/2023 PKP/SKN/SAR- /30.11.2023/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023