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Madras High CourtCRL OP(MD)/2396/2024dismissed

Palanikumar @ Chellapandi v. The Inspector Of Police

2024-02-15Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI PALANIKUMAR @ CHELLAPANDI ... PETITIONER/ SOLE ACCUSED Vs THE INSPECTOR OF POLICE SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.71 OF 2024.

... RESPONDENT / COMPLAINANT For Petitioner : MR.S.SATHYACHIDAMBARAM 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 CRIME NO.71 OF 2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 447, 294(b), 307, 506(ii) of 1/3

IPC, in Crime No.71 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that due to the civil dispute between the parties, on 12.02.2024, the petitioner said to have trespassed into the house of the defacto complainant and abused him in filthy language and tried to attack him with deadly weapons. Hence, the defacto complainant made a complaint before the Law Enforcing Agency.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that no one has sustained in the said occurrence. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the State submitted that the defact complainant is a practicing advocate at Tirunelveli. Due to property dispute, the petitioner threatened the defacto complainant and tried to attack him. Apart from that, 2 previous cases are pending against the petitioner. Among them, one case is 302 IPC case and it was ended in convicted. Another case is 307 IPC case. Hence, he vehemently, opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the previous cases reported against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

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6.Accordingly, this Criminal Original Petition is dismissed. sd/- 15/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO THE INSPECTOR OF POLICE SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN Date :15/02/2024 PKP/GS/SAR /20.02.2024/ 3P/3 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3