Ayyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of September Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.16549 of 2016 AYYAPPAN ... PETITIONER/ACCUSED NO.11 Vs THE STATE REP.BY , THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI.

CRIME NO. 207 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MANIKANDAN Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who arrayed as accused No.11, apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 457,449,397 of IPC @ Sections 457,449,397,307 and 120B of IPC in Crime No.207 of 2016, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons trespassed into the house of the defacto complainant and attacked with aruval and committed theft of valuable articles. On complaint, a case has been registered against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He further submitted that on the date of alleged occurrence the petitioner was not in India and he was in abroad and this fact was not brought to the notice of this court at the time of hearing and the earlier petition was dismissed by this Court on 04.08.2016.

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4. The learned Government Advocate (Crl. Side) submitted that in the earlier petition also the petitioner mentioned the petitioner

was in abroad on the date of alleged occurrence and there is no change of circumstances.

5. Considering the fact that after the dismissal of earlier petition in Crl.O.P(MD).No.12673 of 2016, dated 04.08.2016, there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed.

sd/- 02/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI.

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

+1. CC to M/S.S.MANIKANDAN Advocate SR.No.49834 TRP CSL/PV/SAR-I/19.09.2016: 2P/4C

ORDER

IN CRL OP(MD) No.16549 of 2016 Date :02/09/2016 https://hcservices.ecourts.gov.in/hcservices/