Antonisamy v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.13853 of 2022 ANTONISAMY [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE STATION HOUSE OFFICER, MUDALIARPET POLICE STATION, PUDUCHERRY DISTRICT.

CRIME NO.24 OF 2022.

For Petitioner : M/S K.SASINDRAN Advocate For Respondent : MR.V.BALAMURUGANE, Public Prosecutor for Puducherry PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 341 and 506(ii) r/w. 34 of IPC in Crime No.24 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant / Udyanarayanan, a reporter in a Tamil daily was assaulted by the two unknown persons. Hence the case in Crime No.24 of 2022 was registered on 23.02.2022. The police has taken up the investigation and on analyzing the CCTV footage near the scene of crime, the persons, who attacked the defacto complainant were Sathish and Karthik. On interrogation of these two persons, they came to know that they have been engaged by one Amma Arumugam @ Anthony of Rodiarpet, Puducherry to attack the defacto complainant / Udyanarayanan and as per instruction, they attacked Udyanarayanan. This petitioner is said Anthony.

https://hcservices.ecourts.gov.in/hcservices/

3. The respondent police on further investigation has found that the petitioner herein is a history sheeter. There are three murder cases and three assault cases are pending against him and he is still absconding causing threat to the witnesses and tampering the evidence. This Court on considering the fact had dismissed the anticipatory bail petition twice and this is the third anticipatory bail petition.

4. The learned counsel for the petitioner would state that the actual assailants has already arrested and granted bail and there is no reason to arrest this petitioner.

5. However, the facts as found from the CD file indicates that this petitioner is the instigator for the crime and still at large forcing threat to the defacto complainant and witnesses.

6. In such circumstances, this Court is of the view that the petitioner is not entitled pre-arrest bail and hence, this Criminal Original Petition is dismissed.

-sd/- 17/06/2022 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 STATION HOUSE OFFICER MUDALIARPET POLICE STATION, PUDUCHERRY DISTRICT.

2 THE PUBLIC PROSECUTOR PUDUCHERRY CC to M/S K.SASINDRAN Advocate on payment of necessary charges CRL OP.13853/2022 Date :17/06/2022 JPA 23/06/2022 https://hcservices.ecourts.gov.in/hcservices/