Abisheck @ Abishakeh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI ABISHECK @ ABISHAKEH ... PETITIONER / 2nd ACCUSED Vs THE INSPECTOR OF POLICE VEERACHOLAN POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.76/2023.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.ASAITHAMBI.A.C Advocate For Respondent : MR.S.MANIKANDAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO.76/2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 323, 324 and 506(ii) of IPC, in Crime No.76 of 2023, seeks anticipatory bail. 1/3

2.The case of the prosecution is that on 22.12.2023, when the defacto complainant proceeding towards his house in a two wheeler, the accused persons, who were riding in their two wheeler to pose as to dash the two wheeler of the defacto complainant. When the same was questioned by the defacto complainant, they abused him in filthy language and attacked him with hands, legs and beer bottle and caused injuries to him. Thereby, the defacto complainant made a complaint before the Law Enforcing Agency.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that this the second anticipatory bail petition. Earlier petition filed by the petitioner in Crl.OP(MD)No.23631 of 2023 was dismissed by this Court on 04.01.2024. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that considering the previous antecedent of the petitioner, this Court dismissed the earlier anticipatory bail petition of the petitioner. Now, there is no change of circumstances. Hence, he vehemently, opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

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6.Accordingly, this Criminal Original Petition is dismissed. sd/- 29/01/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE INSPECTOR OF POLICE VEERACHOLAN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN Date :29/01/2024 SS/JGB/SAR- /01/02/2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3