Prakash v. State by
Case brief
What is this about?
The High Court of Madras dismissed a Criminal Original Petition for anticipatory bail under Section 438 CrPC. The court refused relief citing the nature of the offense of theft and the petitioner's bad antecedents, including four similar pending cases.
What did the court decide?
The prayer for anticipatory bail was refused, and the Criminal Original Petition was dismissed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.11.2020
CORAM
THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.16843 of 2020
Prakash .. Petitioner
- Vs. -
State by
The Inspector of Police
Ariyoor Police Station
Vellore District.
Cr.No.510 of 2020 .. Respondent
Prayer: Criminal Original Petition filed under Section 438 of
Criminal Procedure Code, praying to enlarge the petitioner on
bail in the event of arrest by the respondent police in Crime
No.510 of 2020 on the file of the respondent police.
For Petitioner : Mr.S.Silambuselvan
For Respondent : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
***
O R D E R
(The case has been heard through video conference)
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 379 and 511 of IPC, in Crime No.510 of 2020, on the file of the respondent police, seeks anticipatory bail.
- The case of the prosecution is that the petitioner had attempted to commit theft of the Village Panchayat pipe.
- The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. Therefore, he prays to grant anticipatory bail to the petitioner.
Issues for consideration
1 issue framed by the court
Whether anticipatory bail should be granted in a theft case where the petitioner is an habitual offender with pending antecedents.
Parties & counsel
- petitioner
Prakash
- respondent
State by the Inspector of Police Ariyoor Police Station
Coram
A.D.Jagadish Chandira
Case details
As recorded by the court registry
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