Ajay @ Ajaykumaran v. Inspector Of Police

A.D.JAGADISH CHANDIRA , J.

The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Sections 294(b), 324 and 506(ii) of IPC, in Crime No.459 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and other accused persons have dashed one couple's two wheeler by his two wheeler, therefore, the couple fell down and sustained grievous injuries. At that time, the defacto complainant and his friends came to the spot and questioned the accused persons, for which, there was a wordy quarrel among them. The further allegation is that the accused persons again came to the spot and assaulted the defacto complainant and his friends with wooden log and iron rod and threatened them with dire consequences. Hence the complaint. 3.The learned counsel for the petitioner submitted that this is the second application for anticipatory bail filed by the petitioner and the earlier

application in Crl.O.P.No.9384 of 2023 was dismissed by this Court on 27.04.2023 on the ground that the petitioner has got six previous cases. He further submitted that the case has been foisted only for the purpose of detaining the petitioner under Act 14. Thereby, he seeks for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate appearing for the respondent Police submitted that the petitioner is a habitual offender, against whom, there are six previous cases. He further submitted that this Court taking into consideration the bad antecedents of the petitioner and he is involved in six previous cases, had dismissed the earlier anticipatory bail application and now, there is no change in circumstances. Hence, he prayed for dismissal of the petition.

5.Heard the learned counsel for the petitioner as well as the learned Government Advocate and perused the entire materials available on record.

6.It is a case where the petitioner has dashed against a couple and when it was questioned by the victims, the petitioner along with other accused have threatened them and assaulted them with iron rod and wooden log. It is also reported that the petitioner has got six previous cases and this Court perusing the First Information Report and after finding that the petitioner is a habitual offender, against whom, there are six previous cases, had dismissed the earlier petition. This Court does not find any change in circumstances of the case.

7. Accordingly, this Criminal Original Petition is dismissed. 24.07.2023 vkr

A.D.JAGADISH CHANDIRA , J.

vkr 24.07.2023