Ayyavuthevar @ Kumarthevar v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Thursday, the Sixteenth day of March Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.2919 of 2017 1 AYYAVUTHEVAR @ KUMARTHEVAR 2 POTHUMANI @ POTHUNKANI 3 RANI @ INDHURANI 4 PETHU @ PETHUMUNIYANDI 5 PANDI ... PETITIONERS/ACCUSED 1 TO 4 & 8 Vs THE STATE REP.BY THE SUB-INSPECTOR OF POLICE, SAPTUR POLICE STATION, (IN CRIME NO.6 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.E.R.GURUBALACHANDRAN Advocate For Respondent : MR.P.KANDASAMY, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 Crl.P.C. ORDER : The Court Made the following order :- The Petitioners/A1 to A4 and A8, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406,420,392 and 506(ii) of IPC., in Crime No.6 of 2017 seek anticipatory bail.

2.The learned counsel for the petitioners states that this is the second application filed by the petitioners herein seeking Anticipatory Bail and earlier anticipatory bail moved by the petitioners in Crl.OP.(MD)No.1787 of 2017 was dismissed by this Court on 20.02.2017. The same Petitioners filed Crl.OP.(MD)No.1788 of 2017 before this Court seeking Anticipatory Bail, in Crime No.9 of 2017 of this respondent, in which the respondent police has undertaken that the respondent police will not arrest the Petitioners till such time and the said matter was posted on 23.03.2017.

3.The learned Government Advocate(Crl.Side) for respondent states that the entire facts of the case was dealt by this Court in the earlier Petition in Crl.OP.(MD)No.1787 of 2017 and was dismissed by this Court. Investigation is still pending. Since the amount and the gold are not yet recovered in this case, custodial interrogation is required in this case. The Petitioners are seeking Anticipatory Bail on the same set of facts again and there is no change of circumstances in this case, after dismissal of the earlier anticipatory bail application.

https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the facts and circumstances and also the fact

that there is no change in the circumstances after the dismissal of the earlier anticipatory bail application in Crl.OP.(MD)No.1787 of 2017, this Court is not inclined to grant anticipatory bail in this case. The respondent police is directed to secure the accused to their custody for custodial interrogation, if necessary in this case. Accordingly, this Criminal Original Petition is dismissed. sd/- 16/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB-INSPECTOR OF POLICE, SAPTUR POLICE STATION.

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

+1.CC to MS/. E.R.GURUBALACHANDRAN Advocate SR.No.15353 ORDER IN CRL OP(MD) No.2919 of 2017 Date :16/03/2017 AAM -SKN RSK/SAR-3/20.03.2017 2P 4c https://hcservices.ecourts.gov.in/hcservices/