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Madras High CourtCRL OP(MD)/3703/2023dismissed

J.Josephraj v. The Inspector Of Police

2023-02-27Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.3703 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :27.02.2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.3703 of 2023 J.Josephraj ... Petitioner/Accused No.6 Vs The State of Tamil Nadu represented by The Inspector of Police, Soolakkarai Police Station, Virudhunagar District.

(Crime No.130/2022) ... Respondent/Complainant For Petitioner : Mr.Radhakrishnan.G For Respondent : Mr. Sakthi Kumar. M Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.130/2022 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 alleged offence punishable under Sections 328 of IPC r/w 6(b) and 24(1) of COTPA Act in Crime No.130 of 2022 dated 07.07.2022, seeks anticipatory bail.

2.This is the second anticipatory bail application. This petition has been filed on the ground that co-accused has been granted regular bail by the Principal District Court, Srivilliputtur. The first anticipatory bail application was dismissed stating the petitioner is involved in similar case on previous occasions.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.3703 of 2023

3. According to the learned counsel for the petitioner the change of circumstances is co-accused have been granted regular bail by the Principal District Court, Srivilliputtur.

4. The co-accused have been released on bail cannot be considered as the change of circumstances. Since the previous antecedents have been taken into account on the earlier hearings, there is no change of circumstance with regard to the antecedents, this Court is not inclined to grant anticipatory bail to this petitioner. Hence, the petitioner is directed to surrender before the concerned Court and seek regular bail. Accordingly, this Criminal Original Petition is dismissed.

sd/- 27/02/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Indu TO

1. The Inspector of Police, Soolakkarai Police Station, Virudhunagar District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.3703 of 2023 Date :27.02.2023 NA/SBN/SAR-2/20.03.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2