Ananth@Ananthbabu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/11/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.17139 of 2021 Ananth @ Ananthbabu ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Sivagangai Town Police Station, Sivagangai District-630562 (In Crime No.574 of 2021).

... Respondent/Complainant For Petitioner : M/s.Senthilkumar.R, Advocate. For Respondent : M/s.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.574 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Sole accused, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 229(A) of IPC in Crime No.574 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner had obtained bail in Crime No.441 of 2015 on the file of the respondent police for the alleged offence under Sections 212, 294(b), 324, 341, 307 of IPC and Section 4 of TNPHW Act. The said case was taken on file by the Chief Judicial Magistrate Court, Sivagangai in S.C.No.43 of 2019. After obtaining bail, the petitioner had failed to appear before the Chief Judicial Magistrate Court, Sivagangai, from 26.03.2020 to 28.06.2021. Therefore, the present case came to be registered.

3.The learned counsel for the petitioner submitted that the petitioner was detained under Goondas Act. Therefore, he could not

appear before the Court. Moreover, due to COVID-19 Pandamic, all the Courts had restricted the appearance of the accused persons before the Courts in order to prevent further spread of COVID-19. Therefore, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (crl.side) appearing for the respondent police opposed for grant of anticipatory bail to the petitioner on the ground that apart from this case, the petitioner is having the following fourteen previous cases to his credit; 1.Crime No.220 of 2019 under Sections 147, 148, 341, 294(b), 109, 302 of IPC r/w 3(1)(R) (V) of SC/ST Act. 2.Crime No.477 of 2019 under Sections147, 148, 324 and 302 of IPC.

3.Crime No.879 of 2013 under Section 294(b) of IPC @ 4(1)(J) TNP Act 4.Crime No.484 of 2014 under Sections 147, 148, 294(b), 342, 324 and 307 of IPC.

5.Crime No.287 of 2015 under Section 341, 294(b), 324, 307 and 272 of IPC 6.Crime No.441 of 2015 under Section 341, 294(b0, 324 and 506 (ii) of IPC 7.Crime No.37 of 2016 under Sections 294(b), 323, 324 and 506 (ii) of IPC 8.Crime No.770 of 2016 under Section 341, 294(b), 307 and 309 of IPC 9.Crime No.542 of 2017 under Section 110 of Cr.P.C 10.Crime No.220 of 2019 under Sections 147, 148, 341, 294(b), 109, 302 of IPC r/w 3 (1)(R)(V) SC/ST Act 11.Crime No.477 of 2019 under Section 147, 148, 324 and 302 of IPC., 12.Crime No.51 of 2013 under Section 279 and 337 of IPC 13.Crime No.59 of 2013 under Section 41(1) of Cr.P.C 14.Crime No.65 of 2013 under Section 41(1) of Cr.P.C 5.Considering the facts and circumstances of the case and the antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

Sd/- 02/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

CP

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.

TO

1. The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

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

ORDER

IN CRL OP(MD) No.17139 of 2021 Date :02/11/2021 SP/JM/SAR I/17/11/2021/3P/3C