Madan Das v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.23014 of 2021 MADAN DAS [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KANCHI TALUK POLICE STATION, KANCHIPURAM (CRIME NO. 1458 OF 2021) For Petitioner : M/S. S.MARSHALL Advocate For Respondent : MR.S.BALAJI, 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 for the alleged offence under Section 302 of IPC in Crime No.1458 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity between the petitioner and the deceased, the petitioner along with other accused persons assaulted the deceased with knife and murdered him. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the co-accused was granted anticipatory bail by this Court in Crl.O.P.No.19707 of 2021. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate submitted that this is the second anticipatory bail application filed by the petitioner and this Court has already dismissed the earlier anticipatory bail application of the petitioner. He further submitted that there is one previous case pending against the petitioner. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case, since the earlier anticipatory bail petition was dismissed by this Court on the ground that there is one previous cases pending against the petitioner and there are serious allegations against him and since 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/- 01/12/2021 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, KANCHI TALUK POLICE STATION, KANCHIPURAM 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. S.MARSHALL Advocate on payment of necessary charges CRL OP.23014/2021 Date :01/12/2021 JPA 13/12/2021 https://hcservices.ecourts.gov.in/hcservices/