Vadivel v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18501 & 18503 of 2021 VADIVEL [ PETITIONER / ACCUSED-6 IN CRL.O.P.NO.18501] 1 A.MARIYAPPAN @ MANIVEL [ PETITIONERS/ ACCSED 7&8 2 G.SAKTHIVEL IN CRL O.P.NO.18503] Vs STATE BY [ RESPONDENT IN THE INSPECTOR OF POLICE, BOTH THE PETITIONS ] KADATHUR POLICE STATION, DHARMAPURI DISTRICT.

CRIME NO.34/2021 For Petitioner : M/S. A.SAKTHIVEL Advocate For Respondent : M/S. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners in both the Crl.O.P's, who apprehend arrest for the alleged offence under Sections 147, 364, 302 and 201 IPC in Cr.No.34 of 2021, seeks anticipatory bail.

2.The case of the prosecution in Crl.O.P's is that on 16.01.2021 when the deceased, namely, Logidoss @ Muniyappan was standing in Road, a car driven by A1 came in a rash and negligent manner along with A2 to A4. Hence, the deceased questioned them. Immediately, the accused kidnapped the deceased and along with other accused persons attacked the deceased. As a result, the deceased got grievous injuries and died in his house after narrating the entire facts to his wife. Hence, the wife of the deceased lodged a complaint against the petitioners before the respondent police. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the

prosecution and he has been falsely implicated in this case. He further submits that the allegation against the main accused persons is that they kidnapped the deceased and committed murder and thereafter, the petitioners gave shelter to them in order to safeguard them from the law enforcing agency and except this allegation, there is no other allegation made against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) submitted that the petitioners/A-6, A-7 and A-8 are ex-panchayat president, panchayat president and municipality chairman of the locality respectively and gave shelter to the accused persons and hide them from the law enforcing agency and submitted that the investigation is in preliminary stage. He further submits that earlier, this Court had dismissed two anticipatory bail petitions filed by the petitioners and this is the third anticipatory bail petition filed by them. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.

5.

Considering the fact that the earlier anticipatory bail petitions were dismissed by this Court and the allegation levelled against the petitioners and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioners. 6.Accordingly, these Criminal original petitions are dismissed. -sd/- 05/10/2021 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 INSPECTOR OF POLICE, KADATHUR POLICE STATION, DHARMAPURI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. A.SAKTHIVEL Advocate on payment of necessary charges CRL OP.NOS.18501&18503/2021 Date :05/10/2021 APN 26/10/2021