Athishtakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). Nos.12556 and 12557 of 2023 Athishtakumar ... Petitioners / Accused No. 3 in CRL OP(MD)No.12556 of 2023 Jeyaram ... Petitioners / Accused No. 2 in CRL OP(MD)No.12557 of 2023 Vs State represented by The Inspector of Police, Krishnankovil police station, Virudhunagar District.

(Crime No.9 of 2023) ... Respondent/Complainant (in both cases) in both the cases:

For Petitioners : M/s.R.L.Dhilipan Pandian, Advocate For Respondent : Mr.S.Manikandan Government Advocate (Crl.side) For Intervenor : Mr.K.Kannan, Advocate PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

PRAYER :- For Anticipatory Bail in Crime No.9 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused Nos.2 and 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 147, 323, 324, 506(ii) and 506(i) of IPC and Section 4 of TNPHW Act in Crime No.9 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 13.01.2023, the petitioners along with other accused persons have attacked the defacto complainant and threatened him with dire consequences. Hence the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they has not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. The learned counsel for the petitioners submitted that for the past six months the petitioners are hiding and they are not able to attend their village. Hence, they seek for the relief of anticipatory bail.

4. Both the petitioners are having bad antecedents. The petitioners are not having good conducts and involved more assault cases. Earlier an application for anticipatory bail was filed before this Court in Crl.O.P(MD)No.6989 of 2023 which was dismissed with a cost of Rs.5,000/- and the same was paid. After paying the penalty, now they are inviting another penalty by way of filing this Criminal Original Petition.

5. I find no reason to consider these anticipatory bail petitions. The petitioners may surrender before the concerned Court or before the respondent police and seek for regular bail.

6. These Criminal Original Petitions are dismissed. sd/- 13/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO 1 THE INSPECTOR OF POLICE KRISHNANKOVIL POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD). Nos.12556 and 12557 of 2023 Date :13/07/2023 SS/MR/27/07/2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023