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Madras High CourtCRL OP/29539/2022dismissed

Ramesh @ Rameshkumar v. The State Rep By Its,

2022-12-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.OP.No.29539 of 2022 Crl.O.P.No.29539 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 393 and 427 of IPC in Crime No.420 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 30.07.2022 at 12.30 a.m., when the defacto complainant and one Poornima were talking inside their parked car, the petitioner and others came there and asked to open the door. Thereby, the defacto complainant came out and locked the car leaving the said Poornima inside. At that time, the petitioner along with others attempted to rob him, thereafter he went and hidden in a bush and the accused shouted to open the car. Since she did not open the door, they started to break open the windows. Thereafter, the defacto complainant came to rescue her and the accused fled away from the scene. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and no way connected with the alleged offence. He would further submit that this is the second anticipatory bail petition filed by the petitioner. Earlier petition filed by the petitioner was dismissed by this Court on 25.08.2022 in Crl.O.P.No.19668 of 2022. Hence, he prays to grant anticipatory bail to the petitioner.

https://www.mhc.tn.gov.in/judis

Crl.OP.No.29539 of 2022 G.K.ILANTHIRAIYAN, J.

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4. The learned Additional Public Prosecutor submits that the petitioner and other accused tried to kidnap the defacto complainant. He would further submit that the petitioner is having 5 previous cases pending against him. He also submitted that there is no change of circumstances after the previous dismissal order passed by this Court. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and the bad antecedents of the petitioner and also the earlier petition filed by the petitioner was dismissed by this Court and that there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 01.12.2022 mn Crl.O.P.No.29539 of 2022 https://www.mhc.tn.gov.in/judis