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Madras High CourtCRL OP(MD)/19089/2021dismissed

Agnishwaran v. The Inspector Of Police

2021-12-21Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.19089 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/12/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.19089 of 2021 Agnishwaran ... Petitioner/3rd Accused Vs State Rep.by The Inspector of Police, Mandaikadu Police Station, Mandaikadu, Kanniyakumari District.

(Crime No.76 of 2021) ... Respondent/Complainant For Petitioner : Mr.N.Pragalathan, 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.76 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police, for the offence punishable under Sections 147, 148, 294(b), 307, 323, 324 and 506(ii) IPC, in Crime No.76 of 2021, on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused abused the defacto complainant in filthy language and also attacked him with deadly weapons. Hence, the case. 3.The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submits that this is the third anticipatory bail petition. The earlier bail petition was dismissed by this Court, vide order dated 07.10.2021. Hence, the petitioner has come forward with this petition, seeking anticipatory bail.

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CRL OP(MD). No.19089 of 2021 4.The learned Government Advocate (Crl. Side) appearing for the respondent opposed for grant of anticipatory bail on the ground that the investigation is not yet completed.

5.Considering the facts and circumstances of the case, the nature of allegations levelled against the petitioner and also the fact that there is no change in circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed. sd/- 21/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, Mandaikadu Police Station, Mandaikadu, Kanniyakumari District.

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

ORDER

IN CRL OP(MD) No.19089 of 2021 Date :21/12/2021 RS/JM/SAR.1(07.01.2022) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2