Madras High CourtCRL OP/1605/2019dismissed

Raj v. The State Rep By

2019-01-28Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Eighth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL ORIGINAL PETITION No.1605 of 2019 1 RAJ [ PETITIONERS / ACCUSED ] 2 VEERASAMY ALIAS KONGU MANI Vs THE STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, VELLAKOIL POLICE STATION, TIRUPPUR DISTRICT.

CR. NO. 327 OF 2017.

For Petitioner : M/S.N.PALANISAMY Advocate For Respondent : M/S.KRITIKA KAMAL.P, ADVOCATE For Intervener : MR.D.CHANDRASEKARAN Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- This is the third anticipatory bail petition and the earlier petitions in Crl. O.P. Nos.16164/17 and 17949/17 have been dismissed by this Court on 16.8.17 and 31.8.17 respectively by detailed order. In fact, the accused approached the Supreme Court challenging the order passed by this Court and the Supreme Court, in SLP (Crl.) No.7345/17 has dismissed the petition on 11.10.17.

2. Learned counsel appearing for the accused submitted that Murugesan (A-3) and Muthuraj (A-5) surrendered before the Court below and were released on bail on 12.10.17 and 11.9.17 and, therefore, there is change in fact situation.

3. In the considered opinion of this Court, surrender of the coaccused would not amount to change in fact situation, especially in a case of this nature where the defacto complainant has been brutally attacked on account of Cable TV Operators' rivalry. https://hcservices.ecourts.gov.in/hcservices/

4. In the result, this petition, being devoid of merits, is accordingly dismissed.

-sd/- 28/01/2019 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, VELLAKOIL POLICE STATION, TIRUPPUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.N.PALANISAMY Advocate on payment of necessary charges +1CC to M/S.D.CHANDRASEKARAN Advocate on payment of necessary charges in SR.NO. 1915 CRL OP.1605/2019 Date :28/01/2019 MLT-30/01/2019 https://hcservices.ecourts.gov.in/hcservices/