Madras High CourtCRL OP(MD)/15120/2023disposed of

R.Nedunchezhiyan v. The Inspector Of Police

2023-08-18Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN R.Nedunchezhiyan ... Petitioner / Sole Accused Vs State represented by The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

(In Crime No.331 of 2023) ... Respondent/Complainant For Petitioner : M/s.AN.Ramanathan,Advocate For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl.side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.331 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- 1/4

The petitioner /Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324, 323 and 506(i) of IPC in Crime No.331 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 17.06.2023 at about 2.00 p.m., when the defacto complainant's brother and the petitioner were picking quarrel in the street, due to previous motive, the petitioner alleged to have abused the defacto complainant with filthy language and attacked the defacto complainant's brother. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. Hence, seeks for the relief of anticipatory bail. 4.The learned Government Advocate (Crl.side) would submit that originally the petitioner was granted anticipatory bail by the Principal Sessions Judge, Thanjavur by order dated 26.06.2023 in Cr.M.P.No.3786 of 2023, imposing some conditions upon the petitioner.

5. Learned counsel for the petitioner submitted that because of the accident that happened on 07.07.2023, he could not comply the conditions within the time. Accordingly, the anticipatory bail granted to the petitioner, was automatically 2/4

cancelled. He got oral permission to file a petition for extension of time. That was also permitted by the learned Principal Sessions Judge.

6. Considering the submissions on either side, it is seen that already anticipatory bail was granted to the petitioner and hence there is no question of granting second anticipatory bail by this Court. The petitioner can very well approach the concerned Court seeking extension of time, stating the appropriate facts. If such an application is filed, the learned Principal Sessions Judge, Thanjavur, may entertain the same and decide on its own merits.

7. With the liberty, this Criminal Original Petition is disposed of. sd/- 18/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO THE PRINCIPAL SESSIONS JUDGE THANJAVUR.

THE INSPECTOR OF POLICE KUMBAKONAM EAST POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.AN.RAMANATHAN, Advocate ( SR-12512[I] dated 21/08/2023 )

ORDER

IN CRL OP(MD) No.15120 of 2023 Date :18/08/2023 PKP/JGB/SAR- /08.09.2023/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4