Thangamalai v. The Sub Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.12.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM

1.Thangamalai

2.Kanagaraj

... Petitioners/Rank Not Known Accused

Vs The Sub Inspector of Police, Sivagiri Police Station, Sivagiri, Tenkasi District. (Crime No.397 of 2023) ... Respondent/Complainant For Petitioners : Mr.V.PALPANDI, Advocate For Respondent : Mr.R.SURESH KUMAR, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.397 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 IPC in Crime No.397 of 2023, seek anticipatory bail.

2.The case of the prosecution is that some unknown persons stolen soil from the Viswanathaperi village bond and transported the same to the brick company, belongs to one Chinnaraju. Hence the case.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail.

4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the second petitioner is having two similar previous cases. That apart, the present case was registered based upon the petition given by the village people before the Assistant Engineer, Water Resources Depatment, Sivagiri.

5.On perusal of records, it is noticed that the present case was registered based on the petition filed by the village people. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/-

14/12/2023

/ TRUE COPY /

/01/2024

Sub-Assistant Registrar ( C.S. I / II / III/ IV )

Madurai Bench of Madras High Court,

Madurai - 625 023. GNS TO 1 THE INSPECTOR OF POLICE, SIVAGIRI POLICE STATION, SIVAGIRI, TENKASI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.21869 of 2023 Date :14/12/2023 SA/VR/SAR. /03.01.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.