P.Murugan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Criminal O.P. No. 8279 of 2020 P.Murugan S/o.Ponnusamy No.299, 17th Block S.M.Nagar, Viyasarpadi Chennai - 600 039.

...Petitioner

Vs.

The Inspector of Police P-3, Viyasarpadi Police Station Chennai - 600 039.

(Crime No. 58/2020)

...Respondent

PRAYER : Criminal Original Petition is filed under Section 438 of Cr.P.C., to grant bail to the petitioner in the event of his arrest in Crime No. 58 of 2020 on the file of the respondent police station. For Petitioner : Mr. P.Pugalenthi For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed to grant bail to the petitioner in the event of his arrest in Crime No. 58 of 2020 on the file of the respondent police station for the offences under Sections 294(b), 384 and 506 (ii) IPC.

2. The case of the prosecution is that on 06.02.2020 at about 08.20 p.m., the petitioner entered the bar run by one, Mr.Thangaraj / defacto complainant and showing knife demanded money as mamool. Thereafter, he also threatened that if the defacto complainant runs bar without giving money, he will kill the defacto complainant and his family members. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not involved in such crime as alleged by the prosecution. Since only the petitioner had already involved in some cases, this case has been put up against the petitioner by the respondent. Hence, he seeks for anticipatory bail to the petitioner. 2/5

4. The learned Additional Public Prosecutor submitted that the petitioner entered the bar run by the defacto complainant and demanded mamool by showing knife and also made a life threat against the defacto complainant. He further submits that the petitioner has already involved in so many cases. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5.

It is seen that the petitioner is the sole accused in this case, and he has already involved in so many cases as such he has become a habitual offender. Further, the petitioner had already approached this Court in Crl.OP.No.5060 of 2020 seeking anticipatory bail, which was dismissed on 13.03.2020. Again, he has filed this petition seeking anticipatory bail. However, there is no change of circumstances in this case. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

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G.K.ILANTHIRAIYAN. J, maya/lok 6.

Accordingly, this criminal original petition is dismissed. 26.06.2020 Internet: Yes Index : Yes/No Speaking/Non speaking order maya/lok To

1. The Inspector of Police P-3, Viyasarpadi Police Station Chennai - 600 039.

2. The Public Prosecutor High Court of Madras Chennai.

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