P.Kathir @ Kathiresh Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Thirtieth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18204 of 2021 P.KATHIR @ KATHIRESH KUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUVENGADU POLICE STATION, NAGAPATTINAM DISTRICT (CRIME NO.1492 OF 2021) For Petitioner : M/S T.BALACHANDRAN Advocate For Respondent : MR.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 petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under sections 294(b), 307 @ 302 of IPC, in Crime No.1492 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons abused the brother of the defacto complainant with an intention to commit murder. Thereafter the accused persons had rashly driven the car and dashed against the deceased and thereby caused grievous injuries. Subsequently, the victim was admitted in the hospital for treatment and after three days, he succumbed to the fatal injuries. Hence, the Law Enforcing Agency registered a case against the petitioners.

3. The learned counsel for the petitioner submits that the petitioner did not committed any offence as alleged by the prosecution. Hence he prays for grant of anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl.Side) submits that this is petitioner's second application and the petitioner's earlier application was dismissed by this Court on 25.08.2021 in Crl.O.P.No. 15170 of 2021. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the gravity of the offence and also considering the fact that after the dismissal of the earlier application, there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 30/09/2021 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, THIRUVENGADU POLICE STATION, NAGAPATTINAM DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S T.BALACHANDRAN Advocate on payment of necessary charges CRL OP.18204/2021 Date :30/09/2021 JPA 11/10/2021 https://hcservices.ecourts.gov.in/hcservices/