T.Thirumavalavan v. The Inspector Of Police

CRL OP(MD). No.10890 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.10890 of 2019 T.Thirumavalavan ... Petitioner/Accused No.4 Vs State through the The Inspector of Police, Keelavalavu Police Station, Madurai District (In Crime No.163/2019).

... Respondent/Complainant For Petitioner : M/s.Dr.K.Malathi, 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 Cr.No.163/2019 on the file of the respondent police.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 341, 294(b), 323, 324, 506(ii) and 302 of IPC and Section 3(1) of TN Public Property (Prevention of Damage and Loss) Act, 1992, @ under Sections 147, 148, 341, 294(b), 323, 324, 506(i), 307 and 302 of IPC and Section 3 (1) of TamilNadu Public Property (Prevention of Damage and Loss) Act, 1992, seeks anticipatory bail. 2.Heard both sides.

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CRL OP(MD). No.10890 of 2019 3.The learned counsel appearing for the petitioner has submitted that the petitioner is innocent and he has 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.

4.The learned Additional Public Prosecutor would submit that this is the second anticipatory bail application. He further submitted that the first anticipatory bail application was dismissed by this Court on 08.07.2019. He further submitted that during the temple festival 20 accused persons unlawfully assembled and attacked the three persons and one person died. Therefore, he strongly opposed this petition.

5.In the FIR itself the name of the petitioner has been mentioned. As per the FIR, the petitioner herein also attacked one of the injured persons with wooden log. Taking into consideration the said fact and circumstances of the case and also the fact that eventhough earlier petition was dismissed by this Court the respondent police has not taken steps to secure the accused , there is no change in facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is dismissed. sd/- 09/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KEELAVALAVU POLICE STATION, MADURAI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.DR.K.MALATHI Advocate SR.No.13336.

ORDER

IN CRL OP(MD) No.10890 of 2019 Date :09/08/2019 AM/JC/SAR-1/21.08.2019/2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2