Madras High CourtCRL OP(MD)/6807/2019dismissed with cost

Sahayam v. The Inspector Of Police,

2019-05-15Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.6807 of 2019 SAHAYAM ... PETITIONER/ACCUSED NO.1 Vs THE STATE OF TAMIL NADU, REP.BY ITS, THE INSPECTOR OF POLICE, BOOTHAPANDI POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO.84/2019 ... RESPONDENT/COMPLAINANT For Petitioner : MR.C.B.SENTHILKUMAR, Advocate For Respondent : MR.A.ROBINSON,Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police, in connection with Crime No.84 of 2019 for the offence punishable under Sections 294(b), 323, 342,324 and 506(ii)of IPC, seeks anticipatory bail.

2. The case of the prosecution is that due to previous motive the petitioner along with other abused the defacto complainant, assaulted him and threatened him with dire consequences.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that except the offence punishable under Section 506(ii) IPC, all other offences are bailable in nature.

4. The learned Government Advocate(Crl.Side) on instructions from respondent police would submit that the petitioner has already moved anticipatory bail application before this Court and the same was dismissed on the ground that the petitioner is involved in 24 previous cases, out of which 6 cases ended in conviction. He would https://hcservices.ecourts.gov.in/hcservices/

further submit that the petitioner has suppressed the earlier application and the earlier dismissal of this Court.

5. Taking to consideration the fact that the petitioner had suppressed the earlier bail application, this Petition is dismissed with a cost of Rs.10,000/- payable to the Hon'ble Chief Justice relief fund within a period of one week from the date of receipt of a copy of this order.

sd/- 15/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, BOOTHAPANDI POLICE STATION, KANYAKUMARI DISTRICT.

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

COPY TO : THE SECTION OFFICER, ACCOUNTS SECTION (CHIEF JUSTICE RELIEF FUND), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2. CC to M/S.C.B.SENTHILKUMAR Advocate SR.No.8392

ORDER

IN CRL OP(MD) No.6807 of 2019 Date :15/05/2019 AAV PK/PN/SAR-3/22.05.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/