S. Kaviyarasan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN S. Kaviyarasan S/o.Siva, No.104, Kamarajar Street, Perungavoor colomny, Vichur Post, Chennai-600 103.

Petitioner(s) Vs The Inspector Of Police, E-5, Sholavaram Police Station, Thiruvallur District, . (Crime No.

1178/2024).

Respondent(s) PRAYER To ENLARGE THE PETITIONER ON ANTICIPATORY BAIL in the event of arrest on connection with Crime No. 1178 of 2024 pending investigation on the file of the respondent police For Petitioner(s):

Mr. Elamaran G For Respondent(s):

Mr. S. Santhosh, Government Advocate

ORDER

The case of the prosecution is that, the petitioner/A2 waylaid the defacto complainant and demanded money; and that the other accused/A1 & A3 threatened the defaco complainant with knife and took a sum of Rs.1,300/-. Hence, the case.

2. This is the second anticipatory bail petition before this Court. The earlier anticipatory bail petition in Crl. O.P. No. 32437 of 2024 was dismissed on 09.01.2025 by Hon'ble Mr.Justice A.D.Jagadish Chandira and this anticipatory bail petition is listed before this Court pursuant to the orders passed by the Hon'ble Division Bench of this Court in Crl. O.P. No. 31787 of 2024 on 04.03.2025.

3. Learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that this is the second anticipatory bail petition and there is no change in circumstances. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

4. This Court while dismissing the first anticipatory bail petition passed the following orders:

3. The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the accused waylaid the defacto complainant and demanded money, A1 threatened defacto complainant with knife, A2 held the hands of defacto complainant and A3 stolen Rs.12300/- from defacto complainant. A1 arrested and released on bail. He would further submit that there are two previous cases as against A2 and A3 has no previous case.

5. Taking into consideration the above facts and circumstances of the case and the submission made by the learned Government Advocate, this Court is not inclined to grant anticipatory bail to the 1 st petitioner/A2. Accordingly, this Criminal Original Petition stands dismissed in respect of the 1 st petitioner/A2.

5. This Court is of the view that there is no change in circumstances and hence, is not inclined to entertain this second anticipatory bail petition.

6. Hence, the anticipatory bail petition is dismissed. 18-03-2025 AT

To 1.The Inspector Of Police, E-5, Sholavaram Police Station, Thiruvallur District, . (Crime No.

1178/2024).

SUNDER MOHAN, J.

AT CRL OP No. 5807 of 18-03-2025