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Madras High CourtCRL OP/8841/2023dismissed

K.R.Sankar v. State Rep. By

2023-06-01Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.No.8841 of 2023 Crl.O.P.No.8841 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 147, 148, 294(b), 307, 323, 341, 506(ii) and 109 of IPC, in Crime No.133 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that on 12.02.2023 at 12.00 midnight he and his friend went in two wheeler and decided to drink at magic bar, during such time, 6 persons were standing in an inebriated condition, started chasing them and thereafter, the petitioner along with other accused persons attacked the defacto complainant with knife and caused grievous injuries to him. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he 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 to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit https://www.mhc.tn.gov.in/judis

Crl.O.P.No.8841 of 2023 A.D.JAGADISH CHANDIRA. J.

gbi that the petitioner along with other accused persons in an inebriated condition, attacked the defacto complainant with knife. He further submit that the petitioner is a habitual offender and he has got 17 previous cases pending against him. He further submit that the petitioner has caused grievous injuries to the victim. He would further submit that already this Court dismissed the petitioner's anticipatory bail petition in Crl.O.P.No.5716 of 2023 dated 14.03.2023. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Heard the learned counsel on either sides and perused the entire materials available on record.

6. Considering the facts and circumstances of the case and also considering that this is the second bail petition and there is no change in circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. 7.Accordingly, this Criminal Original Petition is dismissed. 01.06.2023 gbi Crl.O.P.No.8841 of 2023 https://www.mhc.tn.gov.in/judis