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Madras High CourtCRL OP(MD)/13197/2023dismissed

Ganesh Kumar v. The Inspector Of Police

2023-07-19Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Ganesh Kumar ... Petitioner / Sole Accused Vs The State rep by The Inspector of Police, Namanasamudram Police Station, Pudukottai District.

(Crime No.22 of 2020).

... Respondent / Complainant For Petitioner :

M/s.Poornachandran.S, Advocate.

For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.22 of 2020 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/accused who apprehends arrest at the hands of the respondent police for the offences punishable under sections 420 of I.P.C., in Crime No. 22 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. Based on the health condition of the petitioner, this petition has been filed. Earlier application filed by the petitioner came to be dismissed as withdrawn, by the 1/3

order dated 02.01.2023.

3.Originally when the above said anticipatory bail was moved for the purpose of possibility of settlement, the defacto complainant namely Rajendran was suo moto impleaded as second respondent. Thereafter, only the matter was taken up for hearing on 02.01.2023. On that date, the above said petition was withdrawn by the petitioner.

4.Now on this petition came to be filed, stating that he has undergone bypass surgery and stent is also implanted.

5.According to him, taking into all those things the second respondent was suo motu impleaded for exploring the possibility of settlement. But, the petitioner has not utilized the above said opportunity properly. After lapse of several months, this petition came to be filed stating that he is affected by heart ailment. Such sort of arguments cannot be accepted. I find no merits in this case. This petition deserves to be dismissed.

6.Accordingly, this criminal original petition stands dismissed. sd/- 19/07/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 2/3

To 1.The Inspector of Police, Namanasamudram Police Station, Pudukottai District.

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

ORDER

IN CRL OP(MD) No.13197 of 2023 Date :19/07/2023 ED/JGB/SAR- (05/09/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3