Sanjeevigandhi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sanjeevigandhi ... Petitioner / Sole Accused Vs The State rep by The Inspector of Police, Thirumangalam Taluk Police Station, Thirumangalam.

(Crime No.263 of 2016).

... Respondent / Complainant For Petitioner : M/s.S.Muthumalairaja, Advocate.

For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.263 of 2016 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/ Accused apprehends arrest at the hands of the respondent police for the offences under Sections 294(b), 323 and 506(i) of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002 in Crime No.263 of 2016, 1/3

on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 18.09.2016, due to family dispute the petitioner abused the defacto complainant's wife in filthy language and pushed her down. This incident was informed to the defacto complainant, so he questioned the petitioner. At that time, the petitioner scolded the defacto complainant with filthy language, attacked them with wooden log and threatened them with dire consequences. Hence a case was registered.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He further submitted that earlier an anticipatory bail was moved before the learned Principal District Court, Madurai in Cr.M.P.No.4824 of 2016 and the same was allowed on 04.10.2016. Since, the petitioner was suffering from jaundice he could not able to comply the conditions. Hence seeks for a second anticipatory bail.

4. Learned Government Advocate (crl.side) submitted that even after getting anticipatory bail, the petitioner has not complied the conditions for the past 7 years. In the meantime, final report was filed showing the petitioner as absconding accused. After issuance of non bailable warrant, the petitioner has moved a petition for anticipatory bail before the learned Principal District Judge in Cr.M.P.No.5024 of 2/3

2023 which came to be dismissed, stating that final report has been filed in C.C.No.720 of 2022.

5. In view of the conduct of the petitioner, this petition seeking second anticipatory bail cannot be appreciated. Let the petitioner appear before the concerned trial Court and seek for regular bail. Accordingly, this Criminal Original Petition stands dismissed.

sd/- 07/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN To 1.The Inspector of Police, Thirumangalam Taluk Police Station, Thirumangalam.

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

ORDER

IN CRL OP(MD) No.16168 of 2023 Date :07/09/2023 ED/JGB/SAR- (21/09/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3