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Madras High CourtCRL OP/29662/2022dismissed

Sudharsan v. The State Rep By Its,

2022-12-01Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA , J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 506(i) and 109 of IPC, in Crime No.430 of 2022.

2. The case of the prosecution as per the defacto complainant is that on 28.09.2022, regarding Temple Festival, on the instigation of the petitioner, the petitioner along with other accused abused the de facto complaint with filthy language and threatened the de facto complaint with dire consequences. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that this is the second petition for anticipatory bail and the earlier petition in Crl.O.P.No.27119 of 2022 was dismissed by this Court on 11.11.2022. Therefore, he prays for grant

of anticipatory bail to the petitioner.

4. Per contra, the learned Additional Public Prosecutor for the respondent would submit that the petitioner along with other accused abused the de facto complainant with filthy language and threatened the de facto complainant with dire consequences. He would further submit that already this Court dismissed the petitioner's earlier anticipatory bail petition in Crl.O.P.No.27119 of 2022 dated 11.11.2022. He would further submit that the petitioner is a habitual offender, against him, there are seven previous cases and there is no change of circumstances. 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 and earlier this Court had dismissed the anticipatory bail petition of the petitioner, this Court is not inclined to grant anticipatory bail to the

petitioner. Accordingly, this Criminal Original Petition stands dismissed. 01.12.2022 arb

A.D.JAGADISH CHANDIRA , J.

arb 01.12.2022