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Madras High CourtCRL OP(MD)/11728/2021dismissed

Anand @ Venkat Anand v. The Inspector Of Police

2021-09-23Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.11728 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.11728 of 2021 Anand @ Venkat Anand ... Petitioner/Accused No.3 Vs The State rep.by, The Inspector of Police, Ammapettai Police Station, Thanjavur District.

(Crime No.930 of 2020) ... Respondent/Complainant For Petitioner : Mr.T.Mahendren, Advocate.

For Respondent : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.930 of 2020 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 302 of IPC, in Crime No.930 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the deceased was working in a Chicken Stall owned by A2, who is the father of A1. At that time, a frequent quarrel arose between the deceased and the first accused. Hence, the deceased left the house of the second accused and started a new chicken stall. Due to which, the petitioner went to the deceased's chicken stall and attacked him with deadly weapons and caused death. Hence, the complaint.

3.The learned counsel for the petitioner submits that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution, but he has been falsely implicated in this case. He further submits that the petitioner is not present in the scene of occurrence.

4. The learned Government Advocate (Crl.Side) appearing for the respondent, on instructions, submits that this is the seventh https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.11728 of 2021 anticipatory bail application filed by this petitioner and except this petitioner, all other accused persons have been secured and detained under Act 14, 1982.

5. Even though the final report has been filed and the earlier anticipatory bail applications filed by this petitioner were dismissed by this Court, the respondent Police have not taken any effective steps to secure the petitioner and they have not acted as expected level. It will facilitate the accused to abscond. 6.Considering the facts and circumstances of the case, the nature of allegations levelled against the petitioner and also the fact that there is no change of circumstances and that the petitioner is involved in a heinous offence, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed.

sd/- 23/09/2021 / TRUE COPY / / /2021 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 AMMAPETTAI POLICE STATION, THANJAVUR DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.11728 of 2021 Date :23/09/2021 SSB MK/VR/SAR.III/30.09.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2