Ponmuthupandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.12508 of 2017 PONMUTHUPANDI ... PETITIONER / ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.

Crime No.255 of 2017 ... RESPONDENT For Petitioner : M/S.U.KASIPANDIAN Advocate For Respondent : M/S.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner / accused no.2, who apprehends arrest at the hands of the respondent Police for the offence punishable under Section 397 of I.P.C in Crime No.255 of 2017 on the file of the respondent Police, seeks anticipatory bail.

2.The allegation against the petitioner is that on 07.05.2017, when the defacto complainant was standing on pasuvandhanai road near fishery shop, the petitioner and other accused persons have forcibly taken money of Rs.1,500/- and attacked the defacto complainant with knife. Thereby, the defacto complainant escaped from the accused persons and sustained injuries, there after, he was admitted in Kovilpatti Government Hospital. Thereafter, he informed the above occurrence to the law enforcing agency. Immediately, a case was registered against the petitioner and other persons. Aggrieved by the same, the petitioner filed this criminal original petition. 3.The learned counsel for the petitioner submitted that the petitioner did not involve any offence as alleged by the prosecution and he is innocent person. He has been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) appearing for the respondent Police on instructions would submit that already 19 previous cases are pending against the petitioner and the petitioner is a theft offender particularly under Section 397 I.P.C. The petitioner is having 30 criminal cases. He was acquitted from 11 cases and 19 previous cases are pending against the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5.In view of the above circumstances, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 09/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12508 of 2017 Date :09/10/2017 MS/CM-MSA/SAR.4/24.10.2017/2P.3C https://hcservices.ecourts.gov.in/hcservices/