Gowtham v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI GOWTHAM ... PETITIONER/ACCUSED NO.4 Vs THE INSPECTOR OF POLICE KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT, CRIME NO.323/2023 ... RESPONDENT/COMPLAINANT For Petitioner : MR.A. MOHAN Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:FOR ANTICIPATORY BAIL IN CRIME NO.323/2023 ON THE FILE OF THE RESPONDENT POLICE ORDER : The Court Made the following order :- The petitioner / Accused No.4, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 294(b), 323, 324, 506(ii) 1/4

and 302 of I.P.C. in Crime No.323 of 2023, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel, the petitioner herein has attacked the defacto complainant's father and pushed him and that he fell on the back tire of the car which parked there and due to which, he got head injuries and thereafter, he was admitted in the hospital and thereafter, he died. Hence, the complaint.

3. Heard the learned counsel appearing for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that the investigation is completed and charge sheet has also been filed before the concerned Court. He would further submit that already two anticipatory bail applications have been filed by the petitioner before this Court.

5. It appears that this is the third application for anticipatory bail and the first anticipatory bail application filed by the petitioner in Crl.OP(MD)No.16158 of 2023 was dismissed as withdrawn on 15.09.2023 and the second anticipatory bail 2/4

application filed by the petitioner in Crl.OP(MD)No.21762 of 2023 was dismissed on 05.12.2023.

6. Considering the above facts and circumstances of the case and also considering the fact that there is no change in circumstances and also considering the dismissal of the earlier petitions, this Court is not inclined to grant anticipatory bail to the petitioner.

7. In the result, this Criminal Original Petition is dismissed. However, liberty is granted to the petitioner to file appropriate application before the trial Court under Section 88 of Cr.P.C.

sd/- 11/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S- I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1.THE INSPECTOR OF POLICE KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT, 3/4

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :11/01/2024 RK/DD (30/01/2024) 4P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4