Prabhu v. The Inspector Of Police

CRL OP(MD). No.14609 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14609 of 2022 Prabhu ... Petitioner/Accused No.1 Vs The State rep by The Inspector of Police, Arumanai Police Station, Kanyakumari District, Crime No.152 of 2022.

... Respondent/Complainant For Petitioner : M/s.G.Radhakrishnan, Advocate. For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.152 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who is apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 341 and 506(ii) IPC in Crime No.152 of 2022, seeks anticipatory bail.

2.The earlier application filed by the petitioner was dismissed on the ground that the petitioner was already facing a charge in C.C.No.134 of 2022 and warrant was also issued against the petitioner. A direction was also issued to the petitioner to surrender before the concerned Court and get the warrant recalled and thereafter to workout his remedy. Pending warrant, the present FIR came to be registered.

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CRL OP(MD). No.14609 of 2022

3. The learned counsel for the petitioner would submit that if the petitioner surrenders before the trial Court, there is every possibilities of the petitioner being remanded to custody. Apart from that, the Bar council concerned has also passed a resolution not to appear for this petitioner.

4.Those grounds cannot be taken into account. When the petitioner is facing charges in C.C.No.134 of 2022, the question of granting anticipatory bail will not arise. This itself dis-entitles the petitioner from claiming discretionary relief of anticipatory bail.

This Court also finds no change of circumstance. Accordingly, this Criminal Original Petition is dismissed. sd/- 26/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE ARUMANAI POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.14609 of 2022 Date :26/09/2022 ta PKP/VR/SAR-2/30.09.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2