Sureshkumar v. State Rep By

Crl.O.P.No.23851 of 2023 Crl.O.P.No.23851 of 2023 C.V.KARTHIKEYAN.,J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 324, 341 & 506(2) of I.P.C, in Crime No.142 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the accused have waylaid the de-facto complainant, abused him and assaulted with hands. Hence the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons. They have been falsely implicated in this case. He further submits that though this Court granted anticpatory bail on 08.08.2023 in Crl.O.P.No.17493 of 2023, due to miscommunication the petitioners could not appear before the learned Judicial Magistrate, Egmore within the time stipulated by this Court due to which the bail granted was dismissed. Hence, the present petition has been filed seeking anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the earlier anticipatory bail application was granted by this Court in Crl.O.P.No.17493 of 2023, dated 08.08.2023 and the injured had been discharged from the hospital. Hence, he opposed for grant of anticipatory bail to the petitioners. https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.23851 of 2023 C.V.KARTHIKEYAN,J., nvi 5.Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) for the respondent police and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side, already anticipatory bail had been granted by this Court on 08.08.2023 in Crl.O.P.No.17493 of 2023 and that the petitioners have not complied with the order of this Court by executing bond for sum of Rs.10,000/- each with two sureties, the present petition, once again seeking anticipatory bail is not maintainable. Hence, this Court is not inclined to grant bail to the petitioners. 7.Accordingly, this Criminal Original Petition is dismissed. 17.10.2023 nvi Crl.O.P.No.23851 of 2023 https://www.mhc.tn.gov.in/judis 2/2