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Madras High CourtCRL OP(MD)/17453/2021dismissed

Vijayakumar v. The Inspector Of Police

2021-12-02Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.17453 of 2021 Vijayakumar ... Petitioner/Accused No.5 Vs State rep by The Inspector of Police, Kariapatti Police Station, Virudhunagar District.

Cr. No. 394 of 2015. ... Respondent/Complainant For Petitioner : Mr.Balamurugan.S, Advocate.

For Respondent : Mr.P.Kottaisamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.394 of 2015 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A5, who apprehends arrest at the hands of the respondent Police, for the alleged offences punishable under section 379 IPC in Crime No.394 of 2015, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused have stolen the defacto complainant's two wheeler bearing Registration No.TN 67 AB 0178, Hero Honda Splendor. 3.The learned counsel appearing for the petitioner submits that this is the second petition filed by the petitioner for anticipatory bail. The earlier petition was dismissed as withdrawn by this Court on 28.09.2021 He further submits that the petitioner https://hcservices.ecourts.gov.in/hcservices/

is in no way connected with the case as alleged by the defacto complainant. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submits that this is the second anticipatory bail petition. Earlier petition filed by the petitioner for anticipatory bail was dismissed as withdrawn as requested by the petitioner's counsel and as on date, there is no change in circumstances.

5. Considering the fact that there is no change in circumstances, after the dismissal of earlier petition, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the Criminal Original Petition is dismissed. Sd/- 02/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN 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, KARIAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.17453 of 2021 Date : 02/12/2021 VB/CN/SAR-II/10.12.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/