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Madras High CourtCRL OP/4435/2023dismissed

Venkatachalam v. The State Rep By Its,

2023-03-02Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.4435 of 2023 Crl.O.P.No.4435 of 2023 T.V.THAMILSELVI,J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 341 and 302 of IPC in Crime No.194 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity with regard to land, on 12.12.2022 when the defacto complainant's husband along with his brother came out from the land, at that time, the petitioner along with other accused persons tried to attack him with knives and caused him to death. Hence the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) would submit that due to previous motive the petitioner along with other accused assaulted the deceased. It is also seen that the petitioner's name is included in the FIR. Further he submits that A2 to A6 were arrested and A1 and A7 were still https://www.mhc.tn.gov.in/judis

Crl.O.P.No.4435 of 2023 T.V.THAMILSELVI,J.

rap absconding. Further he submits that earlier the petitioner has filed an anticipatory bail in Crl.O.P.No.100 of 2023 before this Court and the same was dismissed vide order dated 11.01.2023. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police and perused the materials available on record.

6.Considering the submission made by learned Government Advocate (crl.side) and also the fact that the accused may tamper the evidence and the earlier anticipatory bail application was also dismissed. Hence there is no change of circumstances. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. 02.03.2023 rap Crl.O.P.No.4435 of 2023 https://www.mhc.tn.gov.in/judis