Madras High CourtCRL OP/20655/2022dismissed

Murugesan v. The State Rep By Its,

2022-08-30Honourable Mr Justice G.K. Ilanthiraiyan3 pages

Crl.O.P.No.20655 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 447 and 506(i) IPC r/w Section 3(1) of Prevention of Damage to Public Property Act, 1984, in Crime No.85 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant and his sister entered into an agreement of sale with A1 and agreed to sell a property for a total sale consideration of Rs.82 Lakhs. On the date of agreement, A1 was said to have paid an advance amount of Rs.21 Lakhs. This agreement did not go through and hence there was some dispute between the parties. On 01.03.2022, the accused persons along with the petitioner herein are said to have entered into the land of the defacto complainant and picked up a quarrel and damaged the maize and other crops of the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. Hence he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that as a sequel to the above incident, the petitioner along with the accused persons also attacked the sister of the defacto complainant and she was murdered during the incident. He would further submit that earlier, four anticipatory bail petitions of the petitioner were dismissed by this Court and this is the fifth petition. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the gravity of offence committed by the petitioner and the dismissal of the earlier anticipatory bail petitions, this Court finds that there is no change of circumstance in considering this petition. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 30.08.2022 Anu G.K.ILANTHIRAIYAN, J.

Anu Crl.O.P.No.20655 of 2022 30.08.2022 (1/2)