Madras High CourtCRL OP(MD)/12811/2020dismissed

Selvam v. The Inspector Of Police

2020-11-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.12811 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/11/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.12811 of 2020 Selvam ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Devathanapatti Police Station, Theni District.

Crime No.1381/2020 ... Respondent/Complainant For Petitioner : Mr.P.Balasubramanian, Advocate.

For Respondent : Mr.KR.Bharathi Kannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For an Anticipatory Bail in Crime No.1381 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 323, 324, 427, 506(ii), 379 (NP) of IPC, and Section 4 of TNPWH Act, in Crime No.1381 of 2020, seeks anticipatory bail.

2. Heard both sides.

3.The case of the prosecution is that due to previous enmity between the petitioner and the defacto complainant, the petitioner along with other accused were said to have pickup wordy quarrel with the defacto complainant and attacked him with iron rod and criminally intimidated him. Hence, the complaint.

4. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he seeks anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12811 of 2020 5.The learned Government Advocate(Crl.Side) would submit that the investigation is pending and the petitioner is having 13 previous cases. He would further submit that there is no change of circumstances after dismissal of the earlier bail application in Crl.OP(MD)No.11516 of 2020 dated 16.10.2020.

6.It is seen that this is the second application seeking anticipatory bail. The earlier bail application in Crl.OP(MD) No.11516 of 2020 was dismissed on merit by this Court on 16.10.2020. 7.Taking into consideration of the fact that there is no change of circumstances after dismissal of the earlier bail application in Crl.OP(MD)No.11516 of 2020, this Court is not inclined to grant anticipatory bail to the petitioner. 8.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 23/11/2020 / 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, DEVATHANAPATTI POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12811 of 2020 Date :23/11/2020 DSS TK/VR/SAR.2/26.11.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2