Jeyakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.9672 of 2019 Jeyakumar ... Petitioner/Accused No.1 Vs State rep. by, The Inspector of Police, Samayanallur Police Station, Madurai District, Crime No.204/2013. ... Respondent/Complainant For Petitioner : M/s.P.Aravindram, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.204/2013 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 offences punishable under Sections 147, 148, 323, 324, 294 (b) and 307 IPC, in Crime No.204 of 2013, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that as per the FIR,on 02.08.2013, the petitioner along with 5 other accused persons attacked the defacto complainant and his relatives with sickle and iron rods and caused a cut injury to him. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner.

4.Per contra, the Additional Public Prosecutor appearing for the respondent has submitted that the petitioner had already obtained anticipatory bail from this Court in Crl.O.P.(MD)No.13183 https://hcservices.ecourts.gov.in/hcservices/

of 2013, dated 13.08.2013. But, he failed to comply with the conditions and had not appeared before the trial Court. Therefore, the respondent police has filed absconding charge sheet before the trial Court and P.R.C., is pending. Since the petitioner had not appeared, the committal proceedings is pending and the trial will get prolong. Hence, he strongly opposed this petition. 5.Taking into consideration of the fact that this is the third anticipatory bail application of the petitioner and also the fact that there is no change of circumstance after the dismissal of the earlier bail application in Crl.OP(MD)No.1811 of 2019, this court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petition is dismissed.

sd/- 10/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9672 of 2019 Date :10/07/2019 dss PK/JC/SAR-1/16.07.2019 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/