Thiyagu v. State Rep By

Crl.OP.No.23340 of 2022 Crl.O.P.No.23340 of 2022 A.D.JAGADISH CHANDIRA, J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 353 and 506(i) of IPC read with Section 12 of Gaming Act 1930 , in Crime No.919 of 2021 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on the secret information, the respondent police went to the scene of occurrence and found accused persons involved in gambling. On seeing the respondent police, some of the accused escaped from the scene of occurrence and arrested accused picked up a quarrel with the respondent police, thereby prevented the respondent police from discharging their duty. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the alleged offence. Hence he prays to grant anticipatory bail to the petitioner. https://www.mhc.tn.gov.in/judis

Crl.OP.No.23340 of 2022 A.D.JAGADISH CHANDIRA, J.

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4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the investigation is not yet completed and if the petitioner is granted anticipatory bail, there is a possibility that he will tamper the witnesses and hamper the investigation. He would further submit that there are 7 previous case pending as against the petitioner and hence he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the allegations and also the bad antecedent of the petitioner and the fact that the case is in the initial stage of the investigation and that the custodial interrogation of the petitioner is essential, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 11.10.2022 mpl Crl.O.P.No.23340 of 2022 https://www.mhc.tn.gov.in/judis