Deva @ Devanathan v. State Through
A.D.JAGADISH CHANDIRA , J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 341, 294(b) and 307 of IPC in Crime No.92 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that due to previous enmity, the petitioner along with two other accused waylaid the defacto complainant, abused him with filthy language and attacked him with knife and beer bottle. Hence the case.
3. The learned Counsel for the petitioner would submit that this is the third anticipatory bail petition and the earlier anticipatory bail petition was dismissed in Crl.P.No.9418 of 2023 dated 09.06.2023. He further submitted that the co-accused A2 and A4 have been granted anticipatory bail by this Court. He would further submit that the petitioner has nothing to do with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) would submit that this is the third application for anticipatory bail and the petitioner along with two other accused had earlier filed an application for anticipatory bail in Crl.O.P.No.9418 of 2023 and this Court, taking into consideration the antecedents of the petitioner that he is a history sheeted rowdy in H.S.No.417 of 2020, had dismissed the earlier application. He further submitted that the petitioner has suppressed the earlier dismissal and thereby, he seeks for dismissal of this petition.
5. Heard both sides and perused the materials available on record including the FIR.
6. Taking into account the nature of offence and also of the fact that the earlier application for anticipatory bail was dismissed and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
10.07.2023 drl
A.D.JAGADISH CHANDIRA , J.
drl 10.07.2023