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Madras High CourtCRL OP(MD)/18009/2017dismissed

M.Saran v. The Inspector Of Police

2017-12-28Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.18009 of 2017 1 M.SARAN 2 K.GOWTHAM @ KUTULU ... PETITIONERS / ACCUSED (RANK NOT KNOWN) Vs STATE REP.BY THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO. 275 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioners: M/S.M.SHAKUL HAMEED Advocate For Respondent : M/S.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 457 and 380 IPC in Crime No.275 of 2017 on the file of the first respondent police, the petitioners have come forward with this petition seeking anticipatory bail.

2.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent police.

3. The case of the prosecution is that the petitioners along with others broke open the TASMAC Shop No.7682, Keeladi, Sivagangai District and taken away the liquor bottles.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have not committed any such offence as alleged by the prosecution and A1 to A3 were already arrested and released on bail and the properties involved in the case have been recovered.

5. Learned Government Advocate (Crl.Side) would submit that investigation is pending.

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6. Though A1 to A3 were arrested and released on bail, taking note of the fact that the petitioners are alleged to have involved in a serious offence, this Court is of the view that custodial interrogation of the petitioner is necessary in this case and therefore, this Court is not inclined to grant anticipatory bail to him.

7. Accordingly, this Criminal Original Petition is dismissed. sd/- 28/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.18009 of 2017 Date :28/12/2017 MS/CM-VR/SAR.1/02.01.2018/2P.3C https://hcservices.ecourts.gov.in/hcservices/