Kodiarasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 KODIARASAN 2 MAHESWARAN ... PETITIONERS / ACCUSED 1 & 6 Vs THE INSPECTOR OF POLICE VEMBAKKOTTAI POLICE STATION, VIRUDHUNAGAR DISTRICT.

CR.NO.12/2024 ... RESPONDENT(S) / COMPLAINANT(S) For Petitioner : M/S.MAYA PERUMAL.S 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 CR.NO.12/2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent Police for the alleged offence under Sections 147, 452, 294(b), 506(ii) and 353 of IPC and Section 1/3

3 of Public Property (Prevention of Damage and Loss) Act, 1992, in Crime No.12 of 2024, seek anticipatory bail.

2.The case of the prosecution is that on 16.01.2024 at about 15.10 hours, when the defacto complainant was on duty at Thailapatti O.P Check post, who is the Head Constable of Vembakkottai Police Station, all the accused persons entered into the O.P.check post and damaged table and water cane worth about Rs.6,000/-. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and the petitioner is falsely implicated in this case. The accused argued with the defacto complainant/the Sub-Inspector of Police, while the accused's vehicle involved in the drunken drive, this is the only reason for registration of this false case. Hence, he prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) would submit that in respect of the co-accused, since they have no previous cases at their credit, they have been granted anticipatory bail. Further, apart from this case, 9 previous cases are pending against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the fact that already 9 previous cases are pending against the petitioner and he is a 2/3

history sheeted person, I am not inclined to grant anticipatory bail to the petitioner.

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

INDU TO 1 THE INSPECTOR OF POLICE VEMBAKKOTTAI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN Date :01/02/2024 SA/GS/SAR. /08.02.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3