Mohammed Salman v. The Inspector Of Police

CRL OP(MD). No.13399 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13399 of 2022 Mohammed Salman ... Petitioner/Accused Rank Not Known Vs State Rep.by The Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District.

Crime No.335 of 2019.

... Respondent/Complainant For Petitioner : M/s.Lawrance J, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.335 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner is facing charges under Sections 147, 294(b), 323 and 506(ii) of IPC in Crime No.335 of 2019 on the file of the respondent police.

2.The petitioner has filed an anticipatory bail petition before the learned Principal & Sessions Judge, Theni and the learned Judge had granted anticipatory bail with certain conditions. The petitioner was not in a position to comply with the above said order, hence, the bail granted to the petitioner was cancelled. 3.In the mean time, the respondent police have also filed a charge sheet before the learned Judicial Magistrate, Periyakulam and the same was taken on file and the learned judicial Magistrate has issued Non Bailable Warrant against the petitioner. Once again, the petitioner has approached the the learned Principal District and Sessions Judge, Theni by filing an application seeking anticipatory bail and the same was dismissed on 22.10.2021, because of the noncompliance of the earlier order and the issuance of the Non-Bailable Warrant.

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CRL OP(MD). No.13399 of 2022 4.Now, this petition has been filed seeking anticipatory bail before this Court.

5.On perusal of records, it shows that two petitions have been filed by the petitioner and out of which, one was allowed and thereafter, the petitioner did not comply the conditions. Another petition was filed seeking anticipatory and the same was dismissed for non-compliance of the earlier order. Except the offence under Section 506(ii) IPC, all other offences are bailable in nature. 6.Considering the conduct and attitude of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioners. 7.Hence, this Criminal Original Petition is dismissed and the petitioner is directed to surrender before the concerned Court and get a regular bail.

sd/- 26/07/2022 / TRUE COPY / /08/2022 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, Thenkarai Police Station, Periyakulam, Theni District.

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

+1 CC to M/s.J.LAWRENCE, Advocate ( SR-7706[I] dated 27/07/2022 ) ORDER IN CRL OP(MD) No.13399 of 2022 Date :26/07/2022 tta RS/SVR/SAR.2 (17.08.2022) 2P-4C https://www.mhc.tn.gov.in/judis 2/2