N.Vinoth Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN N.Vinoth Kumar ... Petitioner / Sole Accused Vs State rep by The Inspector of Police, Koombur Police Station, Dindigul District.

(Crime No.30 of 2023.) ... Respondent / Complainant For Petitioner : M/s.Singarayar Chinna Raja A.M, Advocate. For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.30 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/sole accused, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 294(b), 323, 427, 506(i) of IPC and section 4 of TNPHW Act in Crime No.30 of 2023 on the file of the 1/3

respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that petitioner herein borrowed a sum of Rs.2,70,000/- and jewels worth about 15 sovereigns from the defacto complainant and failed to return the same. When the defacto complainant demanded the same, the wife of the accused and others assaulted the defacto complainant, hence the case.

3. The learned counsel for the petitioner submitted that this the third anticipatory bail petition, earlier anticipatory bail Petitions filed by the petitioner in Crl.OP(MD) Nos.6390 and 7862 of 2023 were dismissed on 06.04.2023 and 26.04.2023, on the ground that the petitioner is having five previous cases.

4. The learned counsel for the petitioner submitted that in Crl.O.P(MD). No.7862 of 2023 dated 26.04.2023, this Court has directed the petitioner to pay a sum of Rs.5,000/-(Rupees Five Thousand only) as costs to the legal Services Authority attached to this Bench. He further submitted that the petitioner has complied with the condition, on that ground, he filed this third anticipatory bail petition.

5. The petitioner had intimacy with the victim and utilizing the same, he has also received cash and jewellery and failed to return the same. The petitioner is having five previous cases. Hence, this Court feels that, it is not a fit case for grant of anticipatory bail. Therefore, this Court is not inclined to grant anticipatory bail to the petitioners.

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6. Accordingly, this Criminal Original Petition is dismissed and the petitioners shall surrender before the respondent police and thereafter, seek regular bail. sd/- 10/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA To 1.The Inspector of Police, Koombur Police Station, Dindigul District.

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

ORDER

IN CRL OP(MD) No.12447 of 2023 Date :10/07/2023 ED/VRS /SAR- (21/08/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3