Arasu @ Arivarasu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12684 of 2023 Arasu @ Arivarasu ... Petitioner/Accused No.3 Vs The State, Represented by The Inspector of Police, CB-CID, Sivagangai Sivagangai District.

... Respondent/Complainant For Petitioner : Mr.M.Maharaja, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side).

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- C-31 AB. For Anticipatory Bail in C.C.No.262 of 2022 on the file of the learned Judicial Magistrate No.2, Sivagangai.

ORDER : The Court made the following order :- The petitioner/Accused No.3, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 406, 419, 420, 465, 468, 471, 120(b), 109 of IPC, in C.C.No.262 of 2022 on the file of the learned Judicial Magistrate No.2, Sivagangai, seeks anticipatory bail.

2. Totally there were five accused in this case. Except this petitioner, accused Nos.1, 2, 4 and 5 were present before the trial Court. The petition under Section 317 of

Cr.P.C has been filed by the petitioner, the same was dismissed and on the same day, warrant was issued, against which, this petition has been filed seeking anticipatory bail.

3. The learned counsel for the petitioner would submit that by the order of anticipatory bail, this petitioner regularly appeared before the concerned Court and later only he failed.

4. According to the learned Government Advocate (Crl.Side) after receving the copy of anticipatory bail, he failed to appear before the concerned Court.

5. The case is of the year 2019 and because of non co-operation of the above said accused, it is kept pending. Since warrant has been issued against this petitioner, he must surrender before the concerned Court and get the warrant recalled by setting out the facts and circumstances.

6. Since already the petitioner was granted anticipatory bail, the second anticipatory bail will not lie. Hence, this anticipatory bail petition deserves dismissal and accordingly dismissed.

sd/- 12/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU

TO

1. The Inspector of Police, CB-CID, Sivagangai, Sivagangai District.

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

+1 CC to M/s.M.MAHARAJA, Advocate ( SR-10606[I] dated 12/07/2023 )

ORDER

IN CRL OP(MD) No.12684 of 2023 AMS/MMS/09.08.2023/3P/4C