V.Ramesh v. The State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G. CHANDRASEKHARAN CRIMINAL ORIGINAL PETITION No.10625 of 2022 V.RAMESH [ PETITIONER / ACCUSED ] Vs THE STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AUROVILLE POLICE STATION, VILLUPURAM DISTRICT.

(CRIME NO.48/2022) For Petitioner : M/S. V.SATHISH KUMAR Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 294(b), 452, 353, 506(i), 380 of IPC in Crime No.48 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 08.02.2022, A-2 was found with illegal possession of 12 beer bottles and the same was seized by the respondent police. While so, the petitioner, claiming himself as the husband of the Councillor trespassed into the Police Station, abused and threatened the defacto complainant and prevented him from discharging his duty. Hence, the law enforcing agency registered a case against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence he prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that the petitioner has already filed one anticipatory bail petition in Crl.O.P.No.7627 of 2022 and that was dismissed as withdrawn. Hence, he opposed to grant anticipatory bail to the petitioner.

5. It is seen from the submission of the learned counsel appearing for both the parties that, the petitioner claiming himself as husband of the Councillor said to have trespassed into the Police Station, abused and threatened them and prevented them from discharging their official duty and took away the beer bottles seized as case property in Crime No.162 of 2022 filed under Section 4(1)(a) TNP Act.

6. Considering the nature of the serious allegations made against the petitioner and the fact that the dismissal of the earlier anticipatory bail petition filed in Crl.O.P.No.7627 of 2022 has not been mentioned in this petition, which amounts to material suppression of fact, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition seeking anticipatory bail is dismissed.

-sd/- 05/05/2022 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 AUROVILLE POLICE STATION, VILLUPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. V.SATHISH KUMAR Advocate on payment of necessary charges CRL OP.10625/2022 Date :05/05/2022 CSK 12/05/2022