Abdulkadher v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/10/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Abdulkadher ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Cumbum North Police Station, Theni District.

Crime No. 239/2023.

... Respondent/Complainant For Petitioner : M/s.Lenin Kumar T,Advocate For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 239 of 2023 on the file of the respondent Police.

ORDER : The Court made the following order :- 1/3

The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 269, 270, 273, 328, 353 of IPC and Section 6(b) and 24(1) of Cigarettes and Other Tabacco Products (Prohibition of Advertisements and Regulation of Trade and Commerce, Production, Supply and Distribution)Act, 2023, in Crime No.239 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.This is the second petition for anticipatory bail. The earlier petition was dismissed by this Court on 03.08.2023, considering the grievous offence allegedly committed by the petitioner. Now, seeking anticipatory bail this petition has been filed.

3.The learned Additional Public prosecutor would submit that the petitioner is a habitual offender. Though this is the second petition for anticipatory bail, there is no change in circumstances. Hence, prays to dismiss the petition. 4.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

5.Considering the above facts and circumstances of the case, objection raised by the learned Additional Public Prosecutor, this Court is of the view that if he is released on bail then he might indulge in similar kind of offence and abscond, which would hamper the investigation. More over, there is no change in 2/3

circumstances. Hence, the petitioner is not entitled to get any discretionary relief from this Court, though this is the second petition for anticipatory bail. 6.Accordingly, this Criminal Original Petition stands dismissed. sd/- 10/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.17993 of 2023 Date :10/10/2023 PKP/DD/SAR- /16.10.2023/ 3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3