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Madras High CourtCRL OP(MD)/4188/2024dismissed

Manikandan v. The Inspector Of Police

2024-03-18Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI MANIKANDAN ... PETITIONER/ACCUSED NO.1 Vs THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION, TIRUNELVELI.

CR.NO.214/2023 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.KAYAL VIZHI.P.S. Advocate For Respondent : MR.S.MANIKANDAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER: FOR ANTICIPATORY BAIL IN CRIME NO.214/2023 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 under Sections 294(b), 353 and 506(ii) IPC in Crime No.214 of 1/3

2023, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant, who is the SubInspector of Police, lodged a complaint before the respondent Police stating that on 30.08.2023, when the defacto complainant was doing vehicle check up near Subramaniyaperi Vilaku, the petitioner and his friend have driven the two wheeler rashly and after seeing the defacto complainant, they were trying to reverse the two wheeler which was questioned by the defacto complainant, due to which, the petitioner and his friend abused them and gave life threaten. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail. 4.The learned Government Advocate (Crl.Side) appearing for the respondent Police strongly opposed to grant anticipatory bail stating that ten previous cases are pending against the petitioner and he is a history sheeter. 5.Considering the facts and circumstances of the case and the nature of 2/3

allegations levelled against the petitioner and the previous antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 18/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SSB TO 1.THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION, TIRUNELVELI.

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

+1 CC to M/s.T.THIRUMURUGAN, Advocate ( SR-3371[I] dated 19/03/2024 )

ORDER

IN Date :18/03/2024 RK/VR (21/03/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3