Madras High CourtCRL OP(MD)/8761/2020dismissed

Nagendra Sethupathi @ Sethupathi @ Sunami Sethupathi v. The Inspector Of Police

2020-08-27Honourable Mr Justice V. Bharathidasan2 pages

CRL OP(MD). No.8761 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.8761 of 2020 Nagendra Sethupathi @ SethupAthi @ Sunami Sethupathi ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

Crime No.389/2020. ... Respondent/Complainant For Petitioner : M/s.K.R.Laxman, 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.389/2020 in the file of the Respondent Police ORDER : The Court made the following order :- The petitioner who is arrayed as A-2 apprehending arrest at the hands of the respondent police for the offences punishable under sections 120(b) and 311 of IPC and Section 25(1B) and 7 of Arms Act, in Crime No.389 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is arrayed as A-2. The allegation is that there was an enmity between the A-1 and one Moovendan and in order to murder the said Moovendan, on the date of occurrence A-1 along with other accused said to have roaming around with the country made gun and with weapon. Hence, the police has arrested A-1 and in the confession statement of A-1, it was stated that the petitioner/A-2 is his close friend and both A-1 & A-2 have planned to murder of one Moovendan. Hence, the petitioner was arrayed as an A-2.

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CRL OP(MD). No.8761 of 2020 3.Heard the learned counsel appearing for the petitioner and perused the materials available on record.

4.The learned Government Advocate(criminal side) appearing for the respondent police, on instructions, submitted that there are 5 previous cases are pending against the petitioner in similar offence.

5. Considering the facts and circumstances of the case and also considering the fact that there 5 previous cases are pending against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the Criminal Original Petition stands dismissed.

sd/- 27/08/2020 / 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, ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.8761 of 2020 Date :27/08/2020 KSA TK/PN/SAR.3/02.09.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2