Madras High CourtCRL OP(MD)/8753/2019dismissed

Aathmanathan, v. The Inspector Of Police,

2019-06-24Honourable Mr Justice P. Rajamanickam2 pages

EFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 24/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.8753 of 2019

1. Aathmanathan,,

2. Annadurai,, ... Petitioners/Petitioners/ Accused Nos.2 and 3 Vs State rep.by The Inspector of Police,, Aranthangi Police Station, Pudukkottai District.

(In Crime No.60 of 2019). ... Respondent/Respondent/Complainant For Petitioners : M/s.S.Silambarasan, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.60 of 2019 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 offences punishable under Sections 147, 148, 294(b), 323, 324, 341 and 302 of IPC in Crime No.60 of 2019, seek anticipatory bail.

2. Hearth both sides.

3.The learned counsel appearing for the petitioners has submitted that the petitioners have not committed any offence as alleged by the prosecution. In fact, the defacto complainant and https://hcservices.ecourts.gov.in/hcservices/

other persons encroached the Kanmaikarai poramboke land for which there arose a wordy quarrel between them and there was no intention to attack the injured persons. He has further submitted that they are innocent persons. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Additional Public prosecutor has submitted that this is the second application. Earlier this Court has dismissed the bail petition in Crl.O.P.(MD).No.4608 of 2019 on 02.04.2019 on the ground that there is specific overt act against the petitioners. He further submitted that there is no change of circumstances and hence, vehemently opposed for grant of anticipatory bail to the petitioners.

5. Taking into consideration the antecedent of the petitioners and this Court has dismissed the earlier application filed by the petitioners and also that there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the Criminal Original Petition is dismissed. sd/- 24/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, ARANTHANGI POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8753 of 2019 Date :24/06/2019 vsg AE/JC/SAR-III (01.07.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/