N.Vinoth Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN N.Vinoth Kumar, ... Petitioner/sole Accused Vs THE STATE REP BY The Inspector of Police, Koombur Police Station, Dindigul District.

(Crime No.30/2023).. ... Respondent/Complainant For Petitioner : M/s. S.Sarvaganprabhu, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.30/2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/sole accused, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 294(b), 323, 427, 506(i) of IPC and section 4 of TNPHW Act in Crime No.30 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that petitioner herein borrowed a sum of Rs.2,70,000/- and jewels worth about 15 sovereigns from the defacto complaiant but failed to return the same. When the defacto complainant demanded the same, the wife of the accused and others assaulted the defacto complainant, hence the case.

3. Heard both side and perused the materials available on record including the First Information Report. 1/3

4. The learned counsel for the petitioner would submit that this Court earlier dismissed the anticipatory bail petition on the ground that the petitioner is having five previous cases and on verification it is found that the petitioner not involved in any previous cases.

5. The learned Additional Public Prosecutor would submit that the petitioner involved in five previous cases and he has also produced the list of previous cases as against the petitioner, which reads as follows:

S.No Police Station Crime Number offences Koombur PS 53/2022 4(1)(a) TNP Act Koombur PS 223/2021 4(1)(a) TNP Act Koombur PS 220/2021 4(1)(a) TNP Act PEW, Dindigul 1220/2022 4(1)(a) TNP Act Vedasandur 283/2019 279,337 of IPC @ 279,304(A),337,338 of IPC

6. It is seen that the petitioner has involved in five previous cases. Therefore this Court has already dismissed the anticipatory bail petition on earlier occasion and even then the petitioner has not surrendered before the Court, hence this Court is not inclined to grant anticipatory bail to the petitioner.

7. In view of the same, this criminal original petition stands dismissed with costs. The Petitioner is directed to pay a sum of Rs.5,000/- (Rupees Five thousand only) as costs to the legal services authority attached to this Bench.

sd/- 26/04/2023 / TRUE COPY / /05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1.The Inspector of Police, Koombur Police Station, Dindigul District.

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2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to The Officer Incharge Legal Services Authority Madurai Bench of Madras High Court, Madurai +1 CC to M/s.S.SARVAGANPRABHU, Advocate ( SR-6625[I] dated 26/04/2023 )

ORDER

IN CRL OP(MD) No.7862 of 2023 Date :26/04/2023 KB/AR/SIV(28.04.2023) 3P 5C 3/3