M.Pondurai v. The State Rep By Its,

Crl.O.P.No.5912 of 2023 Crl.O.P.No.5912 of 2023 A.D.JAGADISH CHANDIRA, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 324, 367 and 506(ii) IPC in Crime No.446 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused waylaid the defacto complainant and abused him and also assaulted him with knife, since the defacto complainant intimated the police official about the consumption of Ganja by the petitioner. Hence the complaint.

3.The learned counsel for the petitioner would submit that this is second anticipatory bail application. He would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that the co-accused have been granted anticipatory bail by this Court in Crl.O.P.No.27850 of 2022 dated 15.11.2022. Hence, he prays to grant anticipatory bail to the petitioner. https://www.mhc.tn.gov.in/judis

Crl.O.P.No.5912 of 2023 A.D.JAGADISH CHANDIRA, J.

mpa 4.The learned Government Advocate(Crl.Side) would submit that this Court has already dismissed the earlier petition filed by the petitioner, since one previous case is pending as against the petitioner. He would further submit that now on proper verification, it is found that the petitioner has got three previous cases against him. Hence, he opposed to grant bail to the petitioner.

5. Taking into consideration the allegations and also the fact that the petitioner is an habitual offender, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 15.03.2023 mpa Crl.O.P.No.5912 of 2023 https://www.mhc.tn.gov.in/judis