Unni @ Madhusudhan v. The State Rep By Its,

A.D.JAGADISH CHANDIRA , J.

These two petitions have been filed seeking Anticipatory Bail. The learned counsel appearing for the petitioner would submit that the earlier application for bail was dismissed on 06.06.2022. He would further submit that despite disposal on 06.06.2022, the respondents have not taken any steps to secure the petitioner. 2.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the alleged offences. He would submit that on 11.10.2022 the petitioner was arrested and remanded to judicial custody in connection with Crime No.858/2022 for offences under Section 294(b), 307 and 506(ii) of IPC and Crime No.920 of 2022 for offences under Section 392 r/w. 397 and 506(ii) of IPC registered by the Peelamedu Police and later he was detained on 14.11.2022. The detention order was revoked by the Government and when the petitioner

was in custody. The respondent have not taken any steps to brought him on PT warrant and thereby, he would seek for Anticipatory Bail. 3.The learned Additional Public Prosecutor (Crl. Side) would submit that the petitioner is a habitual offender against whom there are three previous cases of same nature. He would further submit that those cases are registered on basis of the ground case in Crime No.858/2022, which was registered by Peelamedu Police station and the present case is registered by Saravanampatti Police Station and there was no proper communication.

4.Taking into consideration the antecedents of the petitioner, this Court had held that custodial interrogation of the petitioner is essential and dismissed the earlier anticipatory bail application on 06.06.2022. The learned counsel would further submit that Section 37 is applicable to the case of Anticipatory Bail also.

5.In view of the fact that there is no change of facts and circumstances as per Section 37 and the petitioner being a habitual offender involved in NDPS offences is not entitled to Anticipatory Bail. Hence, this Criminal Original Petitions are dismissed. 20.06.2023 kkn

A.D.JAGADISH CHANDIRA , J.

KKN 20.06.2023