Madras High CourtCRL OP/24228/2021closed

Vadivel v. State By

2021-12-14Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.24228 of 2021 VADIVEL [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KADATHUR POLICE STATION, DHARMAPURI DISTRICT.

CRIME NO.34/2021.

For Petitioner : M/S.A.R.L.SUNDARESAN, Advocate for M/S.S.THIRUNAVUKKARASU 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 147, 364, 302 r/w. Section 201 of IPC in Crime No.34 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that the earlier anticipatory bail applications were dismissed on the ground that the petitioner along with other accused persons attacked one Logidoss @ Muniyappan and due to which the said Logidoss @ Muniyappan died. However, subsequently, the law enforcing agency conducted the investigation and found that the petitioner only gave hope to the main accused persons saying that the problem will be solved after compensating the victim family once the Pongal festival is over and there were no other allegations made against the petitioner and he is no way involved in the said occurrence. He further submitted that the petitioner is charged only under Section 201 of IPC. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

3. However, the learned Government Advocate (Crl.Side) submitted that the offence under Section 201 of IPC is a bailable one, there is no apprehension for arrest.

4. Recording the above said submission of the learned Government Advocate (Crl.Side) for the respondent, since the petitioner is charged under Section 201 of IPC which is bailable and there being no apprehension of arrest, nothing survives for further adjudication.

5. Accordingly, the criminal original petition is closed. -sd/- 14/12/2021 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, KADATHUR POLICE STATION, DHARMAPURI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2 CC to M/S.S.THIRUNAVUKKARASU Advocate on payment of necessary charges SR.NO.14793 CRL OP.24228/2021 Date :14/12/2021 TA-17/12/2021 https://hcservices.ecourts.gov.in/hcservices/