Sakthivel v. The Inspector Of Police

CRL OP(MD)No.2828 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD)No.2828 of 2021 Sakthivel ... Petitioner/Accused Vs The State Represented by The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District Crime No.278/2016.

... Respondent/Complainant For Petitioner : Mr.B.Char Murugan, Advocate.

For Respondent : Mr.M.V.Chandrasekaran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime no. 278 of 2016 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 387, 506(ii) IPC in Crime No.278 of 2016 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner asked money from the defacto complainant and he refused to give money and therefore, the petitioner threatened the defacto complainant with aruval and also abused him. Hence, the present complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case.

He further submitted that the investigation in this case has been completed and charge sheet also https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.2828 of 2021 filed. The petitioner herein failed to appear before the Court below due to illness and hence, non-bailable warrant was issued against the petitioner on 19.11.2019. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side), appearing for the respondent police submitted that trial in this case was commenced and except Investigation Officer, all were examined. On 19.11.2019, the petitioner was not appeared for the trial and therefore, non-bailable warrant was issued. Hence, he opposed to grant anticipatory bail to the petitioner.

5.It is seen that the case was posted on 19.11.2019, at that time, the petitioner did not appeared and therefore, the trial Court issued non-bailable warrant against the petitioner. 6.In view of the above, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 23/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE INSPECTOR OF POLICE, TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.2828 of 2021 Date :23/02/2021 GNS (1/2) AE/SMA/SAR-III (23/03/2021) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2