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Madras High CourtCRL OP/23466/2022dismissed

Gurudevan v. State Rep By

2022-10-19Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA , J.

The petitioner who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 447, 294(b), 323 of IPC read with Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, 2002 and Section 3(1) of the Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992 in Crime No.493 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 13.09.2022, at about 18.00 hours, the petitioner along with the other accused attacked the defacto complainant for running a hotel in the name of "Thanthai Periyar Unavagam" and also intimidated with dire consequences by damaging the utensils to close the hotel and remove the name board. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and due to political reasons, a false case has been registered against the petitioner. He would also submit that the petitioner is prepared to comply with any stringent condition imposed by this Court and he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner, who is the habitual offender along with the other accused had attacked the de facto complainant and also caused damage to the hotel. He would further submit that the petitioner has four previous cases, out of which, one is for the offence under Section 307 of IPC. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on both sides and also taking note of the fact that the petitioner is a habitual offender, against whom there are four previous cases, I am not inclined to grant

anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

19.10.2022 nsa/arb

A.D.JAGADISH CHANDIRA , J.

nsa/arb 19.10.2022