Madras High CourtCRL OP(MD)/18816/2021dismissed

Mohan Dass v. The Inspector Of Police

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

CRL OP(MD). No.18816 of 2021 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.18816 of 2021 Mohan Dass ... Petitioner/Accused Rank Not Known Vs The State rep.by, The Inspector of Police, Manur Police Station, Tirunelveli District.

Crime No. 86 of 2021. ... Respondent/Complainant For Petitioner : Mr.N.Mariappan, 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.86 of 2021t 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 section 120(b), 147, 148 and 302 IPC in Crime No.86 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioners and others have murdered the defacto complainant's brother, namely Ajith. Hence, the complaint.

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 by this Court on 27.09.2021. He further submits that the petitioner is ready to abide by any conditions imposed on him by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.18816 of 2021

4. The learned Government Advocate (Crl. Side) submits that this is the second anticipatory bail petition. Earlier petition filed by the petitioner along with co-accused for anticipatory bail was dismissed on the ground that he is having a previous case for the offence under Section 302 IPC to his credit and there is no change in circumstances.

5. Considering the antecedents of petitioner, and since 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.

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 MANUR POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.18816 of 2021 Date :02/12/2021 VRN MK/PN/SAR.II/10.12.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2