Madras High CourtCRL OP(MD)/15586/2021dismissed

Vinoth v. The Inspector Of Police

2021-10-08Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.15586 of 2021 Vinoth ... Petitioners/Accused No.1 Vs State through the Represented by The Inspector of Police, Uchipuli Town Police Station, Uchipuli, Ramanthapuram District (Crime No. 351 of 2021). ... Respondent/Complainant For Petitioner : M/s.Rajeswari.P, 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.351 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324, 427, 506(2) and 109 I.P.C., in Crime No.351 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to the previous motive, on 31.07.2021, some unknown persons have damaged the defacto complainant's vehicle, therefore, the defacto complainant attempted to lodge a complaint before the respondent police, at that time, the petitioner and others have entered into the defacto complainant's shop, abused the defacto complainant in filthy language and also assaulted him. Hence, the complaint.

3.The learned counsel for the petitioner submits that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution, but he has been falsely implicated in this case.

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

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5. It appears that this is the second application for anticipatory bail petition and the earlier anticipatory bail application filed by this petitioner in Crl.O.P(MD).No.11509 of 2021 was dismissed on 16.08.2021 on the ground that the petitioner is having four previous cases in Crime Nos.161 of 2017, 52 of 2015, 42 of 2015, 184 of 2017. 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/- 08/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ssb 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.

1. THE INSPECTOR OF POLICE, UCHIPULI TOWN POLICE STATION, UCHIPULI, RAMANTHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.15586 of 2021 Date : 08/10/2021 VB/VR/SAR-II/21.10.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/