Chinnadurai @ Manimaran v. State Rep. By
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), 323, 324 & 506(ii) of IPC, in Crime No.84 of 2023, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant/Veeran, is that on 05.03.2023, the accused were assaulting one Parthiban, who is the relative of the defacto complainant, during which, the defacto complainant has questioned the accused, thereby, they have abused the defacto complainant in a filthy language and assaulted him with knife, resulting in which, he has sustained with grievous injuries. Hence the case. 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.6828 of 2023 was dismissed by this Court on 30.03.2023 on the ground that the petitioner has got six previous cases. He
further submitted that till date, the petitioner has not been arrested and hence, 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 and a history sheeted rowdy, against whom, six previous cases are pending. He further submitted that as far as this case is concerned, the petitioner along with other accused have abused and assaulted the relative of the defacto complainant and when it was prevented by the defacto complainant, he was assaulted by the accused. He further submitted that this Court taking into consideration the previous antecedents of the petitioner and the petitioner is a person who has inflicted injuries on the victim, had dismissed the earlier application for anticipatory bail. He also submitted that the custodial interrogation of the petitioner is very much required and there is no change in circumstances of the case. Hence, he prayed for dismissal of the petition.
5. Heard the learned counsel on either side and perused the entire materials available on record.
6.This Court taking into consideration the petitioner is a history
sheeted rowdy, against whom, there are six previous cases pending and the petitioner is a person, who has inflicted injuries on the victim, has dismissed the earlier anticipatory bail application and now there is no change of circumstances, this Court is no inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this Criminal Original Petition is dismissed. 26.07.2023 vkr
A.D.JAGADISH CHANDIRA , J.
vkr 26.07.2023