Kabi Alias Kabilan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) Nos.1593 & 1600 of 2024 KABI ALIAS KABILAN ... PETITIONER / ACCUSED No.1 in CRL OP(MD)No.1593 of 2024 ... PETITIONER / ACCUSED No.4 in CRL OP(MD)No.1600 of 2024 Vs THE INSPECTOR OF POLICE PATTUKOTTAI POLICE STATION, THANJAVUR DISTRICT.

IN CR.NO.17 OF 2021.

... RESPONDENT / COMPLAINANT in CRL OP(MD)No.1593 of 2024 IN CR.NO.248 OF 2017.

... RESPONDENT / COMPLAINANT in CRL OP(MD)No.1600 of 2024 For Petitioner : Mr.V.MUTHU KAMATCHI Advocate in both the petitions For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor in CRL OP(MD)No.1593 of 2024 : Mr.S.MANIKANDAN, Govt. Advocate ( Crl. Side) in CRL OP(MD)No.1600 of 2024 PETITION FOR ANTICIPATORY BAIL's Under Sec. 438 Cr.P.C. 1/3

COMMON PRAYER:

FOR ANTICIPATORY BAIL's IN CRIME NO.17 OF 2021 AND 248 OF 2017 ON THE FILE OF THE RESPONDENT POLICE.

COMMON ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 147, 148, 302, 120(B), 25(1A), 27(2), 341, 109, 212 and 149 of IPC, in Crime No.17 of 2021 and Sections 452, 147, 148, 294(b),506(2), 307, 326, 149 of IPC, in Crime No.248 of 2017, seeks anticipatory bail.

2. In both cases after completing the investigation, a Charge Sheet was filed before the Judicial Magistrate Court, Pattukottai, Thanjavur District. Due to nonappearance of the petitioner before the trial Court, the trial Court issued nonbailable warrant.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and he did not commit any offence as alleged by the prosecution.

4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that 17 previous cases are pending against the petitioner.

5. Considering the facts and circumstances of the case and also the fact that 17 previous cases are pending against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

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

TTA TO 1 THE INSPECTOR OF POLICE PATTUKOTTAI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) Nos.1593 & 1600 of 2024 Date :02/02/2024 SS/GS/SAR- /07/02/2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3