Kaliraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Kaliraj ... Petitioner / Accused No.3 Vs State Rep. by The Inspector of Police, Sattur Town Police Station, Virudhunagar District.
Crime No.543 of 2020 ... Respondent/ Complainant For Petitioner: Mr.N.Mariappan 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.543 of 2020 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 offences punishable under Sections 468, 420 & 506(i) of IPC, in Crime No.543 of 2020, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that the husband of the defacto complainant was running a Match factory in the property in question and after the death of her husband, A1 took over the possession of the said property and leased out to A2 & A3. When the same was questioned by the defacto complainant, the accused persons threatened her with dire consequences. Hence, the case.
3. The learned counsel appearing for the petitioner submits 1/3
that the petitioner is an innocent person and he has been falsely implicated in this case. 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. The earlier anticipatory bail petition was dismissed by this Court vide order dated 23.08.2021 in Crl.O.P.(MD)No.8246 of 2021, on the ground that the petitioner is having ten previous cases. The details of the previous cases of the petitioner read as follows: (i)Sattur Town PS Cr.No.15/17 U/S.4(1)(a) TNP ACT-conviction. ii)Sattur Town PS Cr.No.60/17 U/S.4(1)(a) TNP ACT-conviction. iii)Sattur Town PS Cr.No.263/18 U/S.4(1)(a), 4(1)(i) and 24 TNP ACT -NTF.
iv)Sattur Town PS Cr.No.428/17 U/S.4(1)(a) TNP ACT-conviction. vi)Sattur Town PS Cr.No.484/17 U/S.4(1)(a) TNP ACT-conviction. vii)Sattur Town PS Cr.No.641/18 U/S.4(1)(a) TNP ACT-conviction. viii)Sattur Town PS Cr.No.294/19 U/S.4(1)(a) TNP ACTconviction. ix)Sattur Town PS Cr.No.354/20 U/S.4(1)(a) TNP ACT-conviction. x)Sattur Town PS Cr.No.378/20 U/S.4(1)(a) TNP ACT-conviction. Xi)Sattur Town PS Cr.No.535/20 U/S.4(1)(a)and 4(1)(i) TNP ACTconviction.
5. Considering the nature of allegations levelled against the petitioner, antecedents of the 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.
dn 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.
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TO
1. The Inspector of Police, Sattur Town Police Station, Virudhunagar District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.18809 of 2021 Date :02/12/2021 RD/VR/SAR-II(13.12.2021) 3P 3C 3/3