Seenivasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.10502 of 2019 1.Seenivasan 2.Ganesan 3.Mandaiyatti @ Subbu 4.Mathi ... Petitioners/Accused Vs The State rep.by The Inspector of Police, Pallathur Police Station, Sivagangai District.

Crime No. 51 of 2019 ... Respondent/Complainant For Petitioners : M/s.M.Ramu, 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. 51 of 2019 on the file of the Respondent Police.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147,148,294(b),323, 324, 363, 427,307 and 506(ii)of IPC seek anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioners has submitted that the petitioners are innocent and they have been falsely implicated in the above case. He would further submit that this is the second anticipatory bail application. Hence, he prayed to grant anticipatory bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/

4..The learned Additional Public Prosecutor would submit that this is the second anticipatory bail application and the first anticipatory bail application is dismissed on the ground that the first and second accused herein only assaulted the defacto complainant with iron rod and one case in crime number 48 of 2019 has also been registered against these petitioners. He would also submit that investigation is still pending and custodial interrogation is absolutely necessary. Hence he opposed to grant anticipatory bail to the petitioner.

6. Since one previous case is pending against the petitioners in Crime Number 48 of 2019 and also taking into consideration of the submission of the learned Additional Public Prosecutor that custodial interrogation is absolutely necessary and also considering the fact that there is no change of facts circumstances after the dismissal of the earlier anticipatory bail petition, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Hence the anticipatory bail petition is dismissed. sd/- 25/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, PALLATHUR POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10502 of 2019 Date :25/07/2019 aav TK/PN/SAR.1/31.07.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/