Selvam @ Seruthur Selvam v. The State Represented 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.22905 of 2021 IN PRC NO.27 of 2019 (on the file of the Judicial Magistrate No.1, Nagapattinam) SELVAM @ SERUTHUR SELVAM [ PETITIONER / ACCUSED ] Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KILVELUR POLICE STATION, NAGAPATTINAM DISTRICT.

(CRIME NO. 188 OF 2021) For Petitioner : M/S. D.PRASANNA KUMAR Advocate For Respondent : MR.S.BALAJI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 147, 148, 294(b), 448 and 307 of IPC in PRC.No.27 of 2019 on the file of the Judicial Magistrate No.1, Nagapattinam, in Crime No.188 of 2018, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that when the case was pending at trial stage, the petitioner did not appear before the trial court for hearings. Hence, the trial Court issued NBW against the petitioner on 14.10.2019 and further he was arrested and remanded to the judicial custody on 23.06.2021 .

3.The learned counsel appearing for the petitioner submitted that the petitioner is now ready to appear before the trial Court regularly and he is ready to abide by any stringent conditions that may be imposed by this Court. 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 on the ground that there are six previous cases pending against him. Hence, he vehemently 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 are six previous cases pending against the petitioner and he is an habitual offender 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 JUDICIAL MAGISTRATE, NO.I, NAGAPATTINAM.

2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KILVELUR POLICE STATION, NAGAPATTINAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

THE OFFICER INCHARGE, SUB JAIL, NAGAPATTINAM.

+1CC to M/S. D.PRASANNA KUMAR Advocate on payment of necessary charges SR.NO.13894 CRL OP.22905/2021 Date :01/12/2021 CSK 14/12/2021 https://hcservices.ecourts.gov.in/hcservices/