Thangarasu @ Thangaraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.15009 of 2020 Thangarasu @ Thangaraj .. Petitioner Vs.

The State rep. by The Inspector of Police F-3 Arambakkam Police Station Tiruvallur District Cr.No.54 of 2020 ..Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.54 of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.R.Subramaniyan For Respondent : Mr.M.Mohamed Riaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 307 IPC r/w 3(1) of TNPPDL Act in Crime No.54 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 23.03.2020, due to previous enmity, the petitioner along with other accused assaulted the de-facto complainant with machete and caused injuries and also caused damage to the windshield of the car. Hence the complaint.

3. The learned counsel for the petitioner would submit that this is the third application for anticipatory bail and the earlier application for anticipatory bail was dismissed in Crl.O.P No.8182 of 2020 on 05.06.2020. Again, the petitioner has filed a petition in Crl.O.P No.10819 of 2020 and it was dismissed on 21.07.2020 on the ground that the petitioner has four previous cases which are similar in nature. Therefore, he prays to grant anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor would submit that this Court had already dismissed the earlier applications filed by the petitioner on the ground that the petitioner has four previous cases and there is no change of circumstances. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and the petitioner has four previous cases which are similar in nature and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed with the cost of Rs.5,000/- payable to "The Chief Justice Relief fund, High Court of Madras, A/c.No.484101520, IFSC Code No: IDIB000M157, Indian Bank, High Court Branch". -sd/- 09/10/2020 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 SECTION OFFICER, ACCOUNT SECTION, THE CHIEF JUSTICE RELIEF FUND, HIGH COURT OF MADRAS, A/C.NO.484101520, IFSC CODE NO: IDIB000M157, INDIAN BANK, HIGH COURT BRANCH 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, ARAMBAKKAM POLICE STATION, THIRUVALLUR DISTRICT.

CC to M/S. R.SUBRAMANIYAN Advocate on payment of necessary charges CRL OP.15009/2020 Date :09/10/2020 RVR 15/10/2020 https://hcservices.ecourts.gov.in/hcservices/