Madras High CourtCRL OP/12423/2022disposed of

Gunaseelan v. State Rep By

2022-05-26Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL ORIGINAL PETITION No.12423 of 2022 1 GUNASEELAN [ PETITIONERS / ACCUSED ] 2 KALA Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH - WING 15 VEPERY, CHENNAI 07 CHENNAI DISTRICT CRIME NO.203/2017 For Petitioner : M/S. V.R.APPASWAME Advocate For Respondent : PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/accused who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 468, 471, 420 & 120(B) of IPC in Crime No.203 of 2017, seek anticipatory bail.

2.The contention of the petitioners is that, originally a case in Crime No.1125 of 2006 was registered by the J9, Doraipakkam Police against the petitioners. At that time, petitioners had filed anticipatory bail petition before this Court in Crl.O.P.No.30256 of 2006 and thereafter executed sureties. Intimation was sent to the J9, Doraipakkam Police Station through Dis.No.429/07 by the Judicial Magistrate, Alandur. Thereafter, now a summon has been received by the petitioners from the respondent police stating that the above case on the file of the Doraipakkam Police Station has been https://hcservices.ecourts.gov.in/hcservices/

transferred to the respondent police and the Crime Number was renumbered as 203 of 2017 on the file of the respondent police and the petitioners were called for an enquiry. The petitioners have been regularly appearing before the respondent police and giving explanation. Now the respondent police is threatening the petitioners that the petitioners would be arrested and detained in prison unless they agree to the dictum of the respondent. Hence, fearing apprehension and arrest, the present petition has been filed. 3.The learned Government Advocate (Criminal Side) submitted that, pursuant to the orders of this Court in Crl.O.P.No.23862 of 2016, this case has been transferred from Doraipakkam Police Station to Central Crime Branch-Wing 15, thereafter, the case has been renumbered as Crime No.203 of 2017 and investigation is proceeding.

He submitted that the earlier anticipatory bail order obtained in Crl.O.P.No.30256 of 2006 will hold good for this case also, since except renumbering the crime number, the investigation is further being continued by the respondent police. He further submitted that the petitioner's apprehension of arrest is misconceived and there is no question of arrest, as the petitioner had already been granted bail.

4.Recording the submission of the learned Additional Public Prosecutor, this criminal original petition is disposed of. -sd/- 26/05/2022 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, CENTRAL CRIME BRANCH - WING 15 VEPERY, CHENNAI 07 CHENNAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. V.R.APPASWAME Advocate on payment of necessary charges SR.NO. 8099 CRL OP.12423/2022 Date :26/05/2022 RW-01/06/2022 https://hcservices.ecourts.gov.in/hcservices/