Madras High CourtCRL OP(MD)/702/2025dismissed

Vignesh v. The State Of Tamilnadu

2025-01-24Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.01.2025 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Vignesh ... Petitioner

Versus

1. The State of Tamil Nadu, Rep. by the Inspector of Police, Pudukottai Police Station, Thoothukudi District.

2. The Superintendent of Police, Thoothukudi District.

(R2 is suo motu impleaded as per order of the Court dt.24.01.2025 in Crl.OP(MD).720/2025) ... Respondents For Petitioner: Mr.S.Vishnuvardhan, Advocate For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl. Side) Petition for Anticipatory Bail Under Sec.482 of Bharatiya Nagarik Suraksha Sanhita PRAYER :- For Anticipatory Bail in Crime No.80 of 2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.80 of 2024, for the offence under Sections 341, 147, 148 and 394 IPC, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that one named and five unnamed persons have assaulted the defacto complainant and attempted for robbery.

3. The learned counsel appearing for the petitioner submits that the petitioner and the defacto complainant are well known to each other. Since the petitioner is having previous cases, the respondent Police has registered this case as against the petitioner under the presumption that the petitioner might have involved in the offence. The petitioner is very much available in the nearby village and he is prepared to co-operate for the enquiry. He further submits that the co-accused, who filed anticipatory bail petition along with the petitioner, has been granted anticipatory bail by this Court by order dated 16.04.2024 in Crl.O.P.(MD)No.5750 of 2024.

4. The learned Government Advocate (Crl. Side) submits that the petitioner is having five previous cases to his credit. Considering the antecedent of the petitioner, this Court has rejected the earlier anticipatory bail petition filed by the petitioner along with the co-accused in Crl.O.P.(MD)No.5750 of 2024. 2/4

5. This is the second anticipatory bail petition. The earlier anticipatory bail petition filed by the petitioner along with the co-accused was dismissed by considering the antecedent of the petitioner. Even after the dismissal of the earlier anticipatory bail petition, it appears that the respondent Police has not shown any interest to secure the petitioner and also not filed the final report for the past one year.

6. Therefore, the Superintendent of Police, Thoothukudi District, is suo motu impleaded as a party to this petition and also directed to transfer the investigation in Crime No. 80 of 2024 from the file of the Pudukottai Police Station to some other sincere officer.

7. Considering the nature of offence and the antecedent of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 24/01/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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OGY TO 1 THE INSPECTOR OF POLICE, PUDUKOTTAI POLICE STATION, THOOTHUKUDI DISTRICT.

2. THE SUPERINTENDENT OF POLICE, THOOTHUKUDI DISTRICT.

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

ORDER IN CRL OP(MD) No.702 of 2025 Date :24/01/2025 SA/GSV/SAR. /10.03.2025/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4