Madras High CourtCRL OP(MD)/14103/2021dismissed

Elavarasan@Elankutti v. The Inspector Of Police

2021-09-28Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.14103 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.14103 of 2021 Elavarasan@elankutti ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Somarasampettai Police Station, Thrichirappalli District.

(Cr.No. 649 of 2021). ... Respondent/Complainant For Petitioner : Mr.K.Muthupal, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 649 of 2021 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 alleged offences punishable under Sections 294(b) and 307 of IPC in Crime No.649 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that there was wordy quarrel between the petitioner and the defcto complainant, due to which, the petitioner attacked the defacto complainant with knife. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case.

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CRL OP(MD). No.14103 of 2021

4. Heard the learned Government Advocate (Criminal Side) appearing for the respondent Police.

5. It appears that this is the second application for anticipatory bail petition. The earlier anticipatory bail Petition filed in Crl.OP(MD)No.11229 of 2021 was dismissed as against the petitioner on 18.08.2021, on the ground that the petitioner is having four previous cases. Now, this application is filed by the petitioner without referring the change of circumstances to consider the case.

6. Since there is no change of circumstance and considering the antecedents of the petitioner, this Court is not inclined to entertain this Criminal Original Petition and the same is accordingly dismissed.

sd/- 28/09/2021 / 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 SOMARASAMPETTAI POLICE STATION, THRICHIRAPPALLI DISTRICT.

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

ORDER

IN CRL OP(MD) No.14103 of 2021 Date :28/09/2021 SS/PN/SAR-III/05.10.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2