Appaiyan@Antony@Prabhakaran v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Fourth day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.13813 of 2022 APPAIYAN @ ANTONY @ PRABHAKARAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, KARIPATTY POLICE STATION, SALEM DISTRICT CR.NO.54 OF 2022.

For Petitioner : M/S.K.M.JAYAPAL Advocate For Respondent : MR. S.UDHYAKUMAR, Govt. Advocate(Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The third anticipatory bail petition by the second accused who is alleged to have committed penetrative sexual assault on the defacto complainant at the instigation of A1. Citing completion of investigation and filing of final report as well as grant of bail to the first accused, the petitioner herein has revived his request for anticipatory bail.

2.

On going through the records, this Court finds that since the crime of rapist with the present petitioner, grant of bail to the other accused who instigated the crime, may not be a ground to reconsider the earlier order, for granting anticipatory bail.

3. Further learned Government Advocate states that the final report could not be filed due to absconding of this petitioner. Until and unless the petitioner is secured and interrogated, the complete fact may not be elicited.

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4. For the said reason, anticipatory bail petition stands dismissed.

-sd/- 24/06/2022 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, KARIPATTY POLICE STATION, SALEM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.M.JAYAPAL Advocate on payment of necessary charges Sr.10021 CRL OP.13813/2022 Date :24/06/2022 RVR 01/07/2022 https://hcservices.ecourts.gov.in/hcservices/