The Madurai High Court dismissed an application for anticipatory bail under Section 438 Cr.P.C., refusing to grant relief due to the gravity of the alleged crime of waylaying and snatching involving a large sum of money.
Anticipatory bail application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Thursday, the Fifth day of December Two Thousand Thirteen
PRESENT
The Hon`ble Mr.Justice M.SATHYANARAYANAN
CRL OP(MD) No.20338 of 2013
A.G.SAKTHI ... PETITIONER / ACCUSED RANK NOT KNOWN
STATE REP BY
THE INSPECTOR OF POLICE B3 THEPPAKULAM POLICE STATION (CRIME), MADURAI DISTRICT, CRIME NO.1161/2013 ... RESPONDENT/ COMPLAINANT
For Petitioner : M/S.S.POORNA CHANDRAN Advocate For Respondent : M/S.K.V.RAJARAJAN,
Govt. Advocate ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
There are totally nine accused in this case and the petitioner, who is arrayed as accused No.7, apprehending arrest at the hands of the respondent police for the alleged commission of offences punishable under Section 392 I.P.C., in Crime No.1161 of 2013 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that one Sathiamoorthy is doing business under the name and style Sakthi Traders, Swarnapairavar Traders and he used to send commodities to Nagercoil and as per usual habit, he will proceed to Nagercoil and after getting amounts in respect of the goods supplied, used to come back to Madurai by bus. On 16.10.2013, he went to Nagercoil and collected the amount and returned to Madurai on 17.10.2013 and from there he proceeded in his two wheeler and at that juncture on 18.10.2013 at about 6.00 a.m., he was waylaid by three person who came by TATA Sumo car and one of the occupant snatched his ignition key and one of them snatched the bag containing cash and when he resisted, he was pushed down.
https://hcservices.ecourts.gov.in/hcservices/ 3. Learned counsel for the petitioner would submit that his name is only Sakthi and purely on the alleged confession given by
the co-accused he is implicated and the entire case projected against him is concocted.
sd/05/12/2013 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO
1.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
2.THE INSPECTOR OF POLICE
B3 THEPPAKULAM POLICE STATION (CRIME),
MADURAI DISTRICT
ORDER
IN
https://hcservices.ecourts.gov.in/hcservices/ CRL OP(MD) No.20338 of 2013 Date :05/12/2013
1 issue framed by the court
Whether an accused facing serious allegations of waylaying and snatching should be granted anticipatory bail.
1 provisions across 1 enactments
A.G. SAKTHI
STATE REP BY THE INSPECTOR OF POLICE B3 THEPPAKULAM POLICE STATION
M. SATHYANARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
