Madras High CourtCRL OP(MD)/5689/2020dismissed

Kannan v. The Inspector Of Police

2020-06-05Honourable Dr Justice G. Jayachandran2 pages

CRL OP(MD). No.5689 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/06/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.5689 of 2020

1. Kannan

2. Rajalakshmi

3. Senthilkumar ... Petitioners/Accused 1 TO 3 Vs State Rep.by The Inspector of Police, Kulithalai Police Station, Karur District.

Crime No.855/2015.

... Respondent/Complainant For Petitioners : M/s.Rm.Sivakumar, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 855 of 2015 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323,324, 506(ii) of IPC and Section 4 of TNPHW Act seek anticipatory bail.

2.These petitioners during investigation were granted anticipatory bail on condition in Crl.O.P(MD)No.1320 of 2016 on 25.01.2016. These petitioners have failed to comply with the condition and surrender before the concerned Magistrate as per the order passed by this Court within the time given. 3.It is now stated that the respondent police have completed investigation and filed final report showing these petitioners as absconding accused.

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CRL OP(MD). No.5689 of 2020

4. In this circumstances the petitioners cannot approach this Court again seeking anticipatory bail under Section 438 of Cr.P.C.. Since this Court has already considered the request and granted anticipatory bail to the petitioners, entertaining the petition for the same relief does not arise. Moreso, when the respondent police has already investigated the matter and filed charge sheet against these petitioners.

5. Hence this petition stands dismissed. It is open to the petitioners to approach the concerned Court and surrender and seek for bail. If any such application is filed before the concerned Court, the said application may be considered on the same day on merits and pass appropriate orders on the same day. sd/- 05/06/2020 / TRUE COPY / / /2020 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, KULITHALAI POLICE STATION, KARUR DISTRICT.

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

+1 CC to M/s.RM.SIVAKUMAR, Advocate ( SR-5773[I] dated 05/06/2020 )

ORDER

IN CRL OP(MD) No.5689 of 2020 Date :05/06/2020 MS/PN/SAR-3/09.06.2020/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2