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Madras High CourtCRL OP/16411/2023dismissed

M.Yacoob v. Police Department

2023-07-26Honourable Mr Justice G. Chandrasekharan3 pages

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294 (b) 353 & 506 (1) IPC, in Crime No.450 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. It is the submission of the learned counsel for the petitioner that petitioner is a Counsellor of 50th ward, Tambaram. He has been falsely implicated in this case. Therefore this petition. 3.In response, the learned Government Advocate (Crl.Side) submitted that defacto complainant, Mr.Siva, SSI, T-1 Tambaram Police Station, on receiving information from the Tambaram Hospital that one Anbuselvan died due to hear attack, visited the hospital for enquiry. When he enquired the Doctor, he was informed that Anbuselvan died due to heart attack. He in turn informed the Inspector of Police, T-1 Tambaram Police Station. The Inspector of Police, advised him to act as per the advice of the Doctor. When Siva was going to hand over the body

of the deceased, at that time, petitioner and the accused No.10 had come there and questioned the defacto complainant as to why he is creating problem in his ward and used filthy language against him and addressed him singularly. He further submitted that petitioner is a habitual offender and so far, 23 cases had been registered against him. Though some cases had been closed as action dropped and he was acquitted in some cases, he has been convicted in some cases and trial is pending in some cases, including a case under Section 307 IPC. Thus, he prayed for dismissal of this petition.

4.Considering the fact that petitioner has several cases registered against him and still some cases are pending at various stages and that investigation is not completed, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original petition is dismissed.

26.07.2023 sli

G.CHANDRASEKHARAN.

J.

sli 26.07.2023